Singapore legislation

Clause 2

of Mental Capacity (Amendment) Bill

Clause 2

Amendment of section 2

Section 2 of the Mental Capacity Act (called in this Act the principal Act) is amended —

(a)

by deleting the definitions of “deputy” and “donee” in subsection (1) and substituting the following definitions:“ “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;“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);”;

(b)

by inserting, immediately after the definition of “life‑sustaining treatment” in subsection (1), the following definition:“ “non-electronic lasting power of attorney” means a lasting power of attorney that is created using non‑electronic means;”;

(c)

by inserting, immediately after the definition of “registered medical practitioner” in subsection (1), the following definition:“ “Singapore public sector agency” has the meaning given by section 2(1) of the Public Sector (Governance) Act 2018;”; and

(d)

by inserting, immediately after subsection (2), the following subsection:“(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).”.