Mental Capacity Act

(Original Enactment: Act 22 of 2008)

(31st March 2010)
An Act to make new provision relating to persons who lack capacity and to provide for matters connected therewith.
[1st March 2010]
Short title
1.  This Act may be cited as the Mental Capacity Act.
2.—(1)  In this Act, unless the context otherwise requires —
“clinical trial” means a clinical trial within the meaning of the Medicines Act (Cap. 176) or the Health Products Act (Cap. 122D);
“court” means the High Court;
“deputy” has the meaning given to it in section 20(2)(b);
“donee” has the meaning given to it in section 11(1);
“lasting power of attorney” has the meaning given to it in section 11;
“life-sustaining treatment”, in relation to a person, means treatment which, in the view of another person providing health care for that person, is necessary to sustain life;
“property” includes any thing in action and any interest in real or personal property;
“Public Guardian” has the meaning given to it in section 30;
“registered medical practitioner” means any person who is registered as a medical practitioner under the Medical Registration Act (Cap. 174);
“treatment” includes a diagnostic or other procedure;
“will” includes codicil.
(2)  In this Act, references to making decisions, in relation to a donee of a lasting power of attorney or a deputy appointed by the court, include, where appropriate, acting on decisions made.