Mental Capacity Bill

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1 Short title and commencement

4 Persons who lack capacity

5 Inability to make decisions

7 Acts in connection with care or treatment

8 Section 7 acts: limitations

9 Payment for necessary goods and services

11 Lasting powers of attorney

12 Appointment of donees

13 Lasting powers of attorney: restrictions

14 Scope of lasting powers of attorney: gifts

15 Revocation of lasting powers of attorney, etc.

16 Protection of donee and others if no power created or power revoked

17 Powers of court in relation to validity of lasting powers of attorney

18 Powers of court in relation to operation of lasting powers of attorney

19 Power to make declarations

20 Powers to make decisions and appoint deputies: general

21 Powers to make decisions and appoint deputies: minors

22 Section 20 powers: personal welfare

23 Section 20 powers: property and affairs

24 Appointment of deputies

25 Restrictions on deputies

26 Excluded decisions

27 Mental Health (Care and Treatment) Act matters

31 Functions of Public Guardian

32 Powers of investigation by Public Guardian

33 Public Guardian Board

35 Board of Visitors

36 Interim orders and directions

37 Power to call for reports

38 Applications to court

41 Codes of practice

43 Information relating to persons who lack capacity

44 Jurisdiction of District Court

45 Amendment of Schedules

47 Consequential and related amendments to other written laws

48 Savings and transitional provisions

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Mental Capacity Bill

Bill No. 13/2008

Read the first time on 21st July 2008.

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:

PART I

PRELIMINARY

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.

Interpretation

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.