Mental Capacity Act

(CHAPTER 177A)

(Original Enactment: Act 22 of 2008)

REVISED EDITION 2010

(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]

PART I

PRELIMINARY

Short title

1. This Act may be cited as the Mental Capacity Act.

Interpretation

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 General Division of the High Court or a Family Court;

[Act 27 of 2014 wef 01/10/2014]

[Act 40 of 2019 wef 02/01/2021]

“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.

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