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 —
“appropriate consent” has the same meaning as in the Human Biomedical Research Act 2015;
[Act 29 of 2015 wef 01/11/2017]
“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 or a Family Court;
[Act 27 of 2014 wef 01/10/2014]
“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;
“professional deputy” means a person —
(a)who offers or provides the services of a deputy for remuneration; and
(b)who is registered with the Public Guardian as a professional deputy;
[Act 10 of 2016 wef 01/09/2018]
“professional donee” means a person —
(a)who is a professional deputy or is within a class of persons prescribed as qualified to be a professional donee; and
(b)who offers or provides the services of a donee for remuneration;
[Act 10 of 2016 wef 01/09/2018]
“property” includes any thing in action and any interest in real or personal property;
“Public Guardian” means the Public Guardian appointed under section 30(1) and, unless the context otherwise requires, includes any Assistant Public Guardian appointed under section 30(1A);
[Act 10 of 2016 wef 30/06/2016]
“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.