The Singapore Family Physician

Back to issue Vol 35 No. 3 - Mental Capacity Act and Code of Practice

The mental capacity act (2008): Legal Implications

Lek Siang Pheng
The Singapore Family Physician Vol 35 No 3 - Mental Capacity Act and Code of Practice
12 - 14
1 July 2009
0377-5305
The Code of Practice provides that an accredited GP, and also mental health specialists, can conduct formal assessments of mental capacity. The accredited GP must acquaint himself with the prescribed formalities (completion of the prescribed Mental Capacity Assessment Form) when he conducts the formal assessment. If his assessment of mental capacity is inconclusive, the accredited GP should decline to make the certification in the Mental Capacity Assessment Form or indicate his decision accordingly in the Form. The MCA provides protection for a healthcare worker who notifies the Public Guardian of a person who the healthcare worker knows or has reason to suspect lacks capacity and is in need of care or protection. In relation to the matters of the formalities and validity of a Lasting Power of Attorney, one of the formalities is found in paragraph 2(1)(e) of the First Schedule of the MCA, which provides that the Lasting Power of Attorney must include: a certificate by a person of a prescribed description that, in his opinion, at the time when the donor executes the instrument — (i) the donor understands the purpose of the instrument and the scope of the authority conferred under it; (ii) no fraud or undue pressure is being used to induce the donor to create a lasting power of attorney; and (iii) there is nothing else which would prevent a lasting power of attorney from being created by the instrument. If a Court finds that undue pressure was used to induce a donor to execute a Lasting Power of Attorney, the Court can direct that the Lasting Power of Attorney should not be registered or order that it be revoked.