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In forceAmended2020 Revised Edition
Contents

Act of Parliament

Mental Capacity Act 2008

New provision for people who lack capacity

In plain English

Not legal advice

This Act makes new provision for people who lack capacity. The Act does not let anyone make certain decisions for another person, such as consenting to marriage or adopting a religion. The Act does not affect the law on murder, culpable homicide not amounting to murder, or abetment of suicide. It also does not affect consent given for a person who lacks mental capacity by someone expressly authorised under a written law on clinical trials.

Summary · Drafted with AI, checked against the official text on 30 Sep 2026.

People often ask

Part 1

Preliminary

Official textFrom Singapore Statutes Online, unchanged

s 1Short title

This Act is the Mental Capacity Act 2008.

s 2Interpretation

(1)

In this Act, unless the context otherwise requires —

“appropriate consent” has the meaning given by the Human Biomedical Research Act 2015;

“clinical trial” means a clinical trial within the meaning of the Medicines Act 1975 or the Health Products Act 2007;

“court” means the General Division of the High Court or a Family Court;

“deputy” means a person appointed by the court under section 20(2)(b) to make decisions on behalf of another person (“P”) in relation to a matter or matters concerning all or any of the following in respect of which P lacks capacity:

(a)

P’s personal welfare;

(b)

P’s property and affairs;

“donee” means a person who is conferred authority by a donor (“P”) under a lasting power of attorney to make decisions about all or any of the following when P no longer has capacity to make such decisions:

(a)

P’s personal welfare, or matters concerning P’s personal welfare that are specified in the lasting power of attorney;

(b)

P’s property and affairs, or matters concerning P’s property and affairs that are specified in the lasting power of attorney;

“donor” means a person (“P”) who confers authority on a donee (or donees) under a lasting power of attorney to make decisions about all or any of the following when P no longer has capacity to make those decisions:

(a)

P’s personal welfare, or matters concerning P’s personal welfare that are specified in the lasting power of attorney;

(b)

P’s property and affairs, or matters concerning P’s property and affairs that are specified in the lasting power of attorney;

“electronic”, “electronic record”, “record”, “secure electronic signature”, “signed” and “signature” have the meanings given by section 2(1) of the Electronic Transactions Act 2010*;

“electronic instrument” means an electronic record that confers authority of the kind mentioned in section 11(1);

“electronic transaction system” means the electronic transaction system established by the Public Guardian under section 10B(1);

“lasting power of attorney” has the meaning given by 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;

“non-electronic lasting power of attorney” means a lasting power of attorney that is created using non-electronic means;

“professional deputy” means a person —

(a)

who offers or provides the services of a deputy for remuneration; and

(b)

who is registered with the Public Guardian as a professional deputy;

“professional donee” means a person —

(a)

who is a professional deputy or is within a class of persons prescribed as qualified to be a professional donee; and

(b)

who offers or provides the services of a donee for remuneration;

“property” includes any thing in action and any interest in real or personal property;

“Public Guardian” means the Public Guardian appointed under section 30(1) and, unless the context otherwise requires, includes any Assistant Public Guardian appointed under section 30(1A);

“registered medical practitioner” means any person who is registered as a medical practitioner under the Medical Registration Act 1997;

“Singapore public sector agency” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018;

“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.

(3)

For the purposes of this Act, a reference to an instrument that confers authority of the kind mentioned in section 11(1) includes an electronic instrument made in accordance with section 11(2)(b)(ii).

Part 2

Persons Who Lack Capacity

Read on from Part 2

Part 3

Acts in Connection with Care or Treatment

Read on from Part 3

Part 3A

Electronic Transaction System*

Read on from Part 3A

Part 4

Lasting Powers of Attorney

Read on from Part 4

Part 5

General Powers of Court and Appointment of Deputies

Read on from Part 5

Part 6

Excluded Decisions and Declaratory Provisions

Read on from Part 6

Part 7

Public Guardian and Board of Visitors

Read on from Part 7

Part 8

Supplementary Powers, Practice and Procedure of Court

Read on from Part 8

Part 9

Miscellaneous

Read on from Part 9

Schedules

Read on from Schedules