- The Mental Capacity Act defines the capacity to make decisions as:
- The ability to understand information related to a decision
- The ability to retain that information
- The ability to use of weight that information as part of the decision-making process
- The ability to communicate the decision (by any interpretable means)
- The lasting power of attorney (LPA) empowers a person (the donor) to authorize another (the donee) to make decisions on his behalf when he no longer has capacity to do so. Such decisions may pertain to:
- The donor’s personal welfare, or specified matters concerning the donor’s personal welfare
- The donor’s property and affairs, or specified matters pertaining as such
- The LPA may only be created if:
- The donor:
- Must be at least 21 years of age
- Must possesses mental capacity at the time of creating the LPA
- Must not have made an LPA under duress
- The donee:
- Must be at least 21 years of age
- Must not be an undischarged bankrupt
- Must have mental capacity
- Multiple donees may be appointed
- The donor:
- The donee may only make decisions under an LPA if the donor becomes mentally incapacitated
- The donee may only make decisions to restrain the donee under an LPA if:
- The donee reasonably believes it is necessary in order to prevent harm to the donor
- The act is a proportionate response to the likelihood and seriousness of that harm
- The donee may only make decisions on consenting or refusing treatment if the LPA contains express provisions to that effect
- Regardless, an LPA does not allow the donee to make any decisions regarding life-sustaining treatment or treatment to prevent serious deterioration on the donor if the healthcare professional believes it is necessary to prevent a serious deterioration in the donor’s condition.
- A decision made under an LPA cannot supersede and AMD
- Safeguards against decisions made under an LPA:
- Ill-treatment or willful neglect against a donor is a criminal offence
- The donee has no authority under an LPA to consent to:
- Marriage, divorce or annulment
- Sexual sterilization
- Change of gender
- Abortion
- Adopting or renouncing a religion
- Consenting to any interaction of a sexual nature
- Registering an AMD
- Registering or withdrawing an objection to the Human Organ Transplant Act (HOTA)
- Registering or withdrawing an decision made under the Medical Therapy, Education and Research Act (MTERA)
- Making or revoking a nomination under the CPF Act
- Making or executing a will
- An LPA can be revoked if:
- The donee loses mental capacity
- The donor, if he still has mental capacity, decides to revoke the LPA
- Either the donor or the donee dies
The Mental Capacity Act & Lasting Power of Attorney
jenweiying
2018-01-30T16:37:05+08:00