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‘Deputies’ can now help make key decisions for those with diminished capacities
 WHEN Mr Eddie Ma’s American-born daughter Dora turned 21, she received a letter from the immigration authorities here, asking her to choose between being Singaporean and being American.
As with other decisions in the life of his intellectually disabled daughter, he decided for her – that she would be a Singapore citizen.
But he hit a snag: she was now an adult, so he did not have the legal power to decide such matters for her.
His problem has since been solved. Last month, he applied to the new Mental Capacity Court and was granted approval to become her “deputy”. A deputy is a proxy decision-maker for someone lacking the capacity to make decisions for himself.
The Mental Capacity Court, located within the Subordinate Courts, opened its doors on March 1, the same day the Mental Capacity Act (MCA) took effect.
The new law, passed in 2008 to protect people with diminished capacity for decision-making, was hailed as a “ground-breaking piece of social legislation” by Minister for Community Development, Youth and Sports Vivian Balakrishnan.
Before, cases involving the care of people with diminished capacities came under the Mental Disorders and Treatment Act. Under this old law, which has since been repealed, the High Court appointed a committee of people and/or an estate to oversee the affairs of mentally disabled individuals. About 200 court orders were granted annually in the last three years under the old law, with the cases heard in different courts within the High Court.
But all such cases are now heard in the Mental Capacity Court, which usually sits on Wednesdays with district judges presiding, aided by counsellors and psychologists. Lawyers who have handled cases under both Acts say the MCA is more refined in that it has more safeguards to protect the mentally disabled.
For example, the Office of the Public Guardian (OPG) under the MCA supervises deputies and requires them to keep records of important decisions made on behalf of their charges. The OPG may ask to see these records from time to time. The MCA also spells out what deputies can or cannot do; in the past, this was determined by the judge or registrar hearing the case.
The new law also enables people to, while mentally sound, appoint someone they trust to make decisions for them in case they lose their mental capacity in the future. The old law lacked this provision.
 To appoint a custodian of one’s future affairs, the applicant needs to sign up for a legal document called the Lasting Power of Attorney (LPA). Such applications are assessed by the OPG, a unit set up under the Ministry of Community Development, Youth and Sports. More than 100 have been made since March 1, said an OPG spokesman. The chairman of the Public Guardian Board, Mr Richard Magnus, noted that public awareness of the Mental Capacity Act and the benefits of making an LPA have risen steadily as a result of the OPG’s outreach efforts. He said public education will continue to be a key plank of its work, so people will see the wisdom of planning ahead to ensure that their choices are respected should they lose their mental capacity and become vulnerable.
The Mental Capacity Court can step in, for example, when the validity of an LPA is in question; for example, if the court finds that a person had been pressured into making the LPA, the court can revoke it.
The Mental Capacity Court has not had such a suit yet. The 53 cases heard since late last month have all been similar to Mr Ma’s – that is, applications to be appointed as deputies, said a Subordinate Courts spokesman.
The first order was granted in May, and since then 18 cases have concluded. One was withdrawn. The spokesman said most applications involved elderly people with mentally debilitating conditions such as Alzheimer’s disease.
One such case in May involved an 88-year-old man with dementia. His middle-aged daughter was appointed his deputy and put in charge of signing documents related to his property. She is also authorised to open a bank account for him and to withdraw money for his use or benefit, among other responsibilities.
Mr Ma, whose daughter’s case is among several involving individuals with intellectual disabilities or mental illness, said it never occurred to him or his wife that he needed to be appointed his daughter’s legal guardian, since they were already her parents.
As her deputy, he can now make decisions on her personal welfare – such as on where she should live and whether she should receive medical treatment. However, he cannot stop anyone from having contact with her. He is required to produce financial records and submit reports to the OPG on her personal welfare and property when asked.
The OPG spokesman said the office aims to strike a balance between protecting the welfare of the mentally incapacitated and not making the duties of a deputy too onerous, since this may deter people from accepting appointments to serve as deputies.
About the Mental Capacity Court
THE Mental Capacity Court within the Subordinate Courts deals with applications made under the new Mental Capacity Act, which took effect on March 1.
The court, set up on the same day, has a wide range of powers. For example, it can appoint and remove individuals as “deputies” – custodians of adults who, because of mental disabilities or mental illnesses, are unable to make decisions regarding their own welfare.
The court can also appoint a deputy for a person under the age of 21 if it deems it likely that this person will still lack the mental capacity to make decisions upon
reaching 21.
It can also decide on matters relating to a new legal document, the Lasting Power of Attorney (LPA), which enables a person of sound mind to appoint an individual to handle his affairs in the event mental capacity is lost. The court has the power to revoke the LPA if the appointed person is found to have behaved in a way that
contravenes his authority.
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