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THE MENTAL CAPACITY ACT of 2008

The Mental Capacity Act (MCA) was passed in Singapore in 2008. Its main purpose is to allow individuals (called “donors”) to plan ahead and appoint someone (called “donees”) to make important decisions for them in the event they lose mental capacity.
According to the act, persons who lack mental capacity are defined as “unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain”. Types of mental incapacity can be permanent, temporary, or fluctuating.

The MCA is based on five key principles:

A person must be assumed to have capacity unless it is established that he lacks capacity

A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so are unsuccessful

An act done, or a decision made, under this Act for or on behalf of a person who lacks capacity must be in his best interests

A person is not to be treated as unable to make a decision merely because he makes an unwise decision.

Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

How is mental capacity assessed?

Assessments of a person’s mental capacity can be formal or informal. Informal assessments can be done by the person’s caregiver, but formal assessments can only be done by an accredited GP or specialist.

According to Section 5 of the MCA, a person is deemed unable to make decisions for themselves if they are unable to:
Understand the information relevant to the decision;
Retain that information;
Use or weigh that information as part of the decision-making process; or
Communicate his decision.

What can be done if someone lacks mental capacity?

1. Lasting Power of Attorney (LPA)

Individuals (the “donor”) can plan ahead by applying for a Lasting Power of Attorney (LPA) to appoint someone they trust (the “donee”) to make decisions for them in the event they lose mental capacity. Donees need to be at least 21 years old, and can be appointed to act in two broad areas: personal welfare, and property and affairs.

Donors usually make LPAs with family in mind. Should a donor be single, divorced, or have no next-of-kin or close friends, he may opt for a professional donee. Professional donees can be individuals or organisations. Take note that LPAs created in Singapore will only be recognised here. Likewise, LPAs from other countries will not be recognised in Singapore.

2. Deputyship

In the absence of an LPA, the Court may appoint a deputy to make decisions on behalf of a person who loses their mental capacity. This is pursuant to Section 24 of the Mental Capacity Act.
Parents of children with intellectual disabilities below the age of 21 years old may also apply to the court to appoint a deputy to manage their children’s affairs should the parent unexpectedly pass away or lose mental capacity themselves. The deputy can be a close friend or family member but must be at least 21 years old.

The system is not flawed neither is it perfect. Perhaps needs a little more tightening and fine tuning .
Lets start with the very definition of PMETs. What is a PMET ?
The very definition differs from one Govt agency to another . Why is NTUC using PME and not PMET ?
True. Numbers dont lie but numbers and statistics can be easily manipulated . Looking closely , 110,000 out of 300,000 is almost 33.33% of the whole PMET employment growth . That is almost 1/3 of the employment growth . Which industry had contributed most to the 33.33% growth ? Which country had significantly contributed to this 33.33% ? Why is this so ? Can we bring down from 33.33% to perhaps 23.33% ?If so , how ?
Does the 300,000 employment growth actually reflect effective employment or counting in those who are on-the-job training too ? How about contractual and casual (temporary) workers ? Are they also part of this 300,000? How about MOM coming out with figures such as successful job-matching by Career Connect in the past 5 years ? or perhaps how successful their the SkillsFuture programs has been ? What is the success rate of people going through the courses and are gainfully employed at the end of their learning journeys to retrain for different industries . Hey , what about the digital upskilling for Grab drivers scheme that ws introduced some time ago ? What was the take up rates ? How many actually went through professional conversion programs successfully ? MOM needs to make these statistics available to the public.
Perhaps also , the MOM and MOE needs to do a study on the employability of our fresh graduates . How many months does it take for our fresh graduates to be gainfully employed ? Does gender or race make any difference ? Are there any discriminating HR practices that comes to play ? Are there any HR practices that favors foreign talents due to low cost policies of the companies ? On the flip side , are our fresh graduates really too picky with what is available ? What are their expectations ? Is it fair to demand certain minimum salaries to be met ?
Perhaps , the Govt can do better at dishing out the statistics that actually matters .

Open economy has created more good jobs for S'poreans, PSP's views on foreigners 'fatally flawed': Lawrence Wong He said locals will ultimately pay the price if overly restrictive policies lead to companies relocating elsewhere.. Read more at straitstimes.com.

PMET Central Community members were invited to be part of this TV program discussing issues faced by the Malay-Muslim PMETs in post Covid19 Singapore...

Thank you buat semua yang Hadir . Semoga Allah merahmati . Ameen

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This is because abusers want to seek a sense of control in their lives which have been disrupted by the crisis. A financial crisis also meant that victims, who are usually women, do not have the financial independence to escape their abuser, said Ms Hingorani.

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Read more at https://www.todayonline.com/singapore/covid-19-counsellors-watching-out-expected-rise-family-abuse-victims-seeking-help

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