ABOUT OFFICE OF THE PUBLIC GUARDIAN
The Public Guardian
The Public Guardian works towards protecting the dignity and interests of individuals who lack mental capacity and are vulnerable. He is the head of the Office of the Public Guardian.
The duties of the Public Guardian
The Public Guardian carries out various functions towards enabling and protecting persons who lack capacity. These functions include:
- To set up and maintain a register of Lasting Power of Attorney ("LPA") and to set up and maintain a register of court orders that appoint deputies,
- To supervise deputies,
- To receive reports from donees and deputies,
- To investigate any alleged violation of any provision in the Mental Capacity Act, including complaints about the way in which donees and deputies are exercising their powers.
The Office of the Public Guardian
- The Office of the Public Guardian ("OPG") supports the Public Guardian in carrying out his functions.
- The OPG is a division of the Ministry of Community Development, Youth and Sports.
THE PUBLIC GUARDIAN BOARD
1. Mr Richard Magnus
2. Mr Gerard Ee
3. Associate Professor Goh Lee Gan
4. Mr Guy Harvey-Samuel
5. Principal District Judge Mr Liew Thiam Leng
6. Associate Professor Rathi Mahendran
7. Mr John Suan
8. Dr Aline Wong
9. Mr Wong Meng Meng
10. Mr Yatiman Yusof
11. Dr Ng Li-Ling
THE REGISTRY
What is the Registry?
The Registry holds records of registered Lasting Power of Attorney and court orders appointing deputies.
How do I check for information in this Registry?
- Fill up the search enquiry form
- You will need to come down to the Office of the Public Guardian personally to submit the search enquiry form.
- We are located at
510 Thomson Road
SLF Building, #16-01
Singapore 298135
- Opening hours: 8.30am – 5.30pm (weekdays, excluding public holidays)
THE CODE OF PRACTICE
The Code of Practice serves to elaborate on the Mental Capacity Act. It provides further explanation on how the Act should be applied in practice. It helps you
- understand your roles and responsibilities under the Act
- understand the steps you can take to prepare for a time in the future should you lack capacity
- understand the principles to be applied when caring for persons lacking mental capacity
The Code of Practice is a guide of best practices for everyone who interacts with a person lacking mental capacity. This includes those who are under a formal duty to offer care, such as professionals and paid caregivers as well as informal caregivers, family and friends of the person who lack capacity.
The following individuals must consider the Code when acting for a person lacking mental capacity:
a. Donee of a Lasting Power of Attorney
b. Court appointed deputy
c. People who act in a professional capacity, (e.g. a lawyer, health care professional, accountant, paramedic), and
d. People who act for remuneration, (e.g. a paid caregiver, therapist)
The guidance in the Code of Practice should be followed.
The MENTAL CAPACITY ACT
What is mental capacity?
Mental capacity is the ability of the person to make a specific decision about a matter at a particular time.
What is the Mental Capacity Act about and why do we need this Act?
The Mental Capacity Act enables people to plan ahead and gives them the power to make choices for their future before they lose their mental capacity. It addresses the need to make decisions for persons who are 21 years or older when they lack mental capacity to make those decisions for themselves. The Act also:
- Allows persons (donor) who have mental capacity to voluntarily make a Lasting Power of Attorney to appoint one or more persons (donee(s)) to act and make decisions on their behalf if and when they lack mental capacity in the future.
- Allows the court to appoint a deputy to act and make decisions on behalf of a person who lacks mental capacity where the person has not made a Lasting Power of Attorney.
- Allows parents of children with intellectual disability who are below the age of 21 years to apply to the court to appoint a deputy to ensure that their child's future care is arranged if the parents pass away or lose their mental capacity.
- Gives legal protection for acts done by anyone in connection with the care and treatment of a person who lacks mental capacity if certain conditions are met, including the requirement that the act is done in the best interests of that person.
- Provides safeguards to protect persons who lack mental capacity.
The 5 principles of the Act
The Act seeks to balance a person’s right to make his own decisions and the need to help and protect him when he lacks mental capacity to make those decisions.
There are 5 principles set out for anyone making any decision or taking any action for a person who appears to lack capacity:
| Principle 1: |
A person must be assumed to have capacity unless it is established that he lacks capacity. |
| Principle 2: |
A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success. |
| Principle 3: |
A person is not to be treated as unable to make a decision merely because he makes an unwise decision. |
| Principle 4: |
An act done, or a decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests. |
| Principle 5: |
Before an act is done or 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. |
The principles are to assist and support people who lack capacity to make particular decisions, and to not restrict or control them. For further explanations and case scenarios on these principles, please refer to the Code of Practice.
About Mental Capacity
Who decides whether or not someone lacks capacity?
Different individuals may be involved in assessing a person’s capacity for different decisions. The assessor is usually the individual directly concerned with the person at the time the decision needs to be made.
Informal Assessment
These assessments are appropriate for most day-to-day decisions, e.g. whether the person can go out alone. The assessor is likely to be the person’s caregiver. The assessor must apply the statutory principles and give all practicable help to the person to make his own decision. If the person lacks capacity to make the decision, the caregiver will make the decisions on behalf of the person.
An individual who has not been specially trained to conduct mental capacity assessments carries out an informal assessment. These assessments are appropriate for most day-to-day decisions. The assessor is likely to be the person’s caregiver.
Formal Assessments
An accredited GP or specialist can conduct the assessment. To avoid any conflict of interest, the assessor should not be related to the person being assessed or the individual seeking formal assessment of the person.
The donee of an LPA or a professional, such as a lawyer, may seek formal assessment when they have doubts about the person’s capacity and the decision the person has to make is an important one. Examples of such decisions are:
- Moving house
- Selling assets or
- Transferring assets to another individual or organisation
An individual or an organisation such as a bank, that deals with a donee of an LPA on a matter relating to the property of the donor, may require the donee to produce a certification from a registered doctor stating that the donor’s lack of capacity relating to the matter is likely to be permanent. To obtain this certificate, the donee must first get the donor’s capacity formally assessed.
2-stage test to assess incapacity
The Mental Capacity Act provides a 2-stage test in assessing for mental capacity.
STEP 1 |
Is the person suffering from an impairment of, or disturbance in the functioning of the mind or brain? |
STEP 2 |
If yes, does the impairment or disturbance cause the person to be unable to make a decision when he needs to? |
A person is unable to make a decision when he cannot do one or more of these things in relation to making a specific decision at the time it needs to be made:
a. Understand the information
b. Remember the information
c. Weight up the information
d. Communicate the decision
All practicable steps must be taken to help the person make his own decision.
List of medical practitioners accredited for the purposes of the Mental Capacity Act
Click here for the listing of accredited GPs.
Click here for the document for Assessment of Mental Capacity Form that may be used when visiting an accredited GP.
CONTACT US
OPG address
Office of the Public Guardian
Ministry of Community Development, Youth and Sports
510 Thomson Road
SLF Building, #16-01
Singapore 298135
OPG hotline
1800 226 6222
OPG email
enquiry@publicguardian.gov.sg
OPG opening hours
8.30am – 5.30pm (weekdays, excluding public holidays)
