In Singapore, the Power of Attorney (POA) and the Mental Capacity Act (MCA) play crucial roles in the legal system, providing essential protection and support for individuals who are unable to manage their affairs independently.
These instruments not only safeguard the interests of vulnerable individuals but also allow for careful planning and decision-making in challenging circumstances. Expanding upon the significance and implications of these legal mechanisms can help shed further light on their importance in Singaporean society.
About The Power of Attorney
The Power of Attorney is a legally binding document that grants authority to an appointed individual, known as the donee, to act on behalf of the donor. This authorization empowers the donee to make decisions and take necessary actions in accordance with the specifications outlined in the POA. In Singapore, there are two primary types of POA: the General POA and the Lasting POA.
The General POA is typically employed when the donor is temporarily absent or incapacitated, often for specific transactions such as property sales or business management. Unlike the Lasting POA, the General POA terminates its effectiveness upon the donor’s recovery or passing.
On the other hand, the Lasting POA presents a more extensive and enduring arrangement. It continues to be in effect even if the donor encounters mental incapacity. The Lasting POA can be activated immediately or set to activate solely when the donor becomes incapacitated. It’s worth noting that the donor retains the right to revoke the Lasting POA at any time, provided they possess the requisite mental capacity to do so.
About the Mental Capacity Act
The Mental Capacity Act (MCA) serves as a comprehensive legal framework in Singapore, offering crucial safeguards for individuals who lack decision-making capacity due to mental incapacity. The MCA outlines procedures for appointing deputies and establishing advance directives to ensure appropriate care and decision-making in such cases.
Under the MCA, individuals who are incapable of making decisions for themselves due to mental incapacity can have a deputy appointed to act on their behalf. The appointment can be made either through court intervention or by the Office of the Public Guardian. Deputies can be chosen from the person’s family, friends, or even professionals. Importantly, deputies must adhere to the principles outlined in the MCA, prioritizing the best interests of the individual who lacks capacity.
In addition to the appointment of deputies, the MCA also recognizes the creation of advance directives as an essential aspect of personal autonomy. An advance directive is a legally binding document that outlines an individual’s preferred medical treatment and care, ensuring their wishes are honored even when they are unable to communicate effectively.
Both the Power of Attorney and the Mental Capacity Act play vital roles in Singapore’s legal system, providing protection, support, and enabling individuals to plan for their future and ensure their desires are respected, regardless of incapacitation. Seeking professional legal advice during the creation of a POA or an advance directive is strongly recommended to ensure accurate documentation and the proper execution of one’s intentions. These legal instruments exemplify Singapore’s commitment to upholding the rights and welfare of vulnerable individuals and contributing to a more inclusive and supportive society.
