Published by Authority

NO. 23]Friday, October 17 [2008

The following Act was passed by Parliament on 15th September 2008 and assented to by the President on 2nd October 2008:—
Mental Capacity Act 2008

(No. 22 of 2008)

I assent.

2nd October 2008.
Date of Commencement: 1st March 2010
An Act to make new provision relating to persons who lack capacity and to provide for matters connected therewith, and to make consequential and related amendments to certain other written laws.
Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:
Short title and commencement
1.  This Act may be cited as the Mental Capacity Act 2008 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.
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 2007 (Act 15 of 2007);
“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.