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The Ministry of Community Development, Youth
and Sports (MCYS) is embarking on a consultation exercise from 15 August
2007 to 31 October 2007 to seek views on the provisions of the draft
Mental Capacity Bill. |
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The proposed legislation aims to address the
gaps in the existing system on decision making for persons who are
mentally incapacitated. |
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Currently, under the Mental Disorders and
Treatment Act (MDTA), the High Court can appoint a Committee of Person
or Committee of Estate to manage the personal welfare of or make
property related decisions for a person who is incapable of managing
himself or his affairs. However, the appointment can only be done after
a person has lost his mental capacity. |
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One of the key features of the draft Mental
Capacity Bill is that it will provide a statutory framework to allow a
person to voluntarily make advance plans for his financial and personal
welfare. |
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Singaporeans can now plan ahead to ensure
their personal and financial well-being in the event that they lose
their mental capacity to conditions such as dementia, traumatic brain
damage and stroke. The Bill will help Singapore to prepare for an ageing
population. |
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The Bill will also allow parents of severely
intellectual disabled children to make provisions for the children when
they themselves become mentally incapacitated or when they pass on. |
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The Bill sets out who can make
decisions and in what kind of situations, and how they should go
about this. |
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Family members and caregivers making
decisions on behalf of persons lacking mental capacity will be
guided by a framework that will spell out how they should
discharge their duties. |
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The Bill emphasises that all acts and
decisions made on behalf of a mentally incapacitated person must
be made in his best interests. |
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It also recognises that every
individual has the right and capacity to make his own decisions
and must be presumed to have that capacity to do so unless shown
otherwise. |
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Public consultation via the REACH
Portal (www.reach.gov.sg)
will begin on 15 August 2007. Interested parties can forward their
views and comments via the portal not later than 31 October 2007. |
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Issued by: |
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MINISTRY OF COMMUNITY DEVELOPMENT,
YOUTH AND SPORTS |
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14 August 2007 |
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Source:
www.mcys.gov.sg Pres Release
14 Aug 2007 |
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FrontPage Edition: Fri 17 August 2007
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