Singapore legislation

Section 5

of Mental Capacity Act 2008

Section 5

Inability to make decisions

(1)

For the purposes of section 4, a person is unable to make a decision for himself or herself if the person is unable —

(a)

to understand the information relevant to the decision;

(b)

to retain that information;

(c)

to use or weigh that information as part of the process of making the decision; or

(d)

to communicate his or her decision (whether by talking, using sign language or any other means).

(2)

A person is not to be regarded as unable to understand the information relevant to a decision if the person is able to understand an explanation of it given to him or her in a way that is appropriate to his or her circumstances (using simple language, visual aids or any other means).

(3)

The fact that a person is able to retain the information relevant to a decision for a short period only does not prevent the person from being regarded as able to make the decision.

(4)

The information relevant to a decision includes information about the reasonably foreseeable consequences of —

(a)

deciding one way or another; or

(b)

failing to make the decision.

Read in full context — Mental Capacity Act 2008 →