Understanding Mental Incapacity In Singapore: A Helpful Guide

When a loved one starts showing signs of not being able to make decisions for themselves, it can be worrying and confusing. Whether it’s due to age, illness, or injury, mental incapacity in Singapore is more common than many realise, and knowing what to do when it happens makes all the difference.

This guide breaks things down simply for families, caregivers, and anyone who may need to step in to help. We’ll walk through what mental incapacity means in a legal sense, what protections are in place, and what your next steps should be if someone you care about starts showing signs of not being able to handle their affairs.

What Does Mental Incapacity Mean In Singapore?

In Singapore, mental incapacity refers to a person’s inability to make decisions for themselves because of an impairment in the mind or brain.

This could be due to a range of conditions such as dementia, Alzheimer’s disease, stroke, brain injury, or mental health disorders. It’s not just about forgetfulness or old age, it’s about whether a person can properly understand information, think it through, and communicate their decisions when needed.

Mental incapacity is defined under the Mental Capacity Act (MCA), which provides the legal structure to protect and support individuals who can no longer make their own decisions. According to the law, a person is considered mentally incapable if they’re unable to understand, retain, use or weigh the information relevant to a decision, or if they’re unable to communicate their choice in any form.

It’s important to note that mental capacity is decision-specific. This means someone may be able to make certain everyday decisions, like what to wear or what to eat, but may lack the ability to handle more complex matters, such as managing finances or understanding medical treatment options. The assessment must always focus on whether the person can make a particular decision at the time it needs to be made.

How Is Mental Incapacity Determined?

Mental incapacity in Singapore is assessed based on the Mental Capacity Act (MCA), which provides clear guidelines on when a person is considered unable to make decisions for themselves.

Here’s how it’s typically determined:

1. Initial Observations
   • Family members, caregivers, or healthcare professionals may notice signs such as forgetfulness, confusion, disorganised thoughts, or erratic decision-making.
   • These signs alone do not confirm incapacity, but they are a reason to seek professional assessment.
2. Medical Assessment
   • A registered medical practitioner (usually a doctor familiar with the patient’s history) must carry out an assessment.
   • The doctor will evaluate whether the person is unable to:
     • Understand the relevant information
     • Retain that information
     • Use or weigh the information in decision-making
     • Communicate their decision (whether by speech, sign language, or any other method)
3. Medical Report Submission
   • A formal medical report will be required, especially if you are applying to the Court for deputyship.
   • This report must support the finding that the person lacked mental capacity at the time of the decision.
4. Decision-Specific Assessment
   • Capacity is not all-or-nothing. A person may lack capacity in one area (e.g., managing finances) but still be capable in another (e.g., deciding what to eat).
   • Each decision is assessed independently and must be evaluated at the time the decision is needed.

What Happens If Someone Is Found To Lack Capacity?

Once mental incapacity is established, the next steps depend on whether the person had previously made legal arrangements. Here’s what happens:

1. Check For An LPA (Lasting Power Of Attorney)
   • If the person had already appointed a donee under a Lasting Power of Attorney (LPA), the donee will be allowed to step in and make decisions for them, according to the scope given in the LPA.
2. If No LPA Exists – Apply For Deputyship
   • If there is no LPA, someone, usually a family member, will need to apply to the Court to be appointed as a deputy.
   • Deputies are given legal authority to make decisions for the individual. This can include managing bank accounts, selling property, or making healthcare decisions.
3. Deputyship Application Process Includes:
   • Gathering medical reports that confirm the individual’s lack of capacity
   • Preparing detailed Court documents outlining the applicant’s relationship with the individual and the reasons for applying
   • Submitting the application to the Family Justice Courts
   • Waiting for the Court’s decision (the process can take 3–5 months, sometimes longer)
4. Ongoing Responsibilities As A Deputy
   • A deputy must act in the best interests of the individual at all times
   • They are expected to keep clear financial records and may be required to file annual reports to the Office of the Public Guardian
   • The role carries legal and ethical responsibilities, and the Court can review or revoke deputyship if necessary

How To Make An LPA In Singapore

Here’s a simplified step-by-step process:

1. Download The LPA Form
   • Choose Form 1 (standard authority) or Form 2 (customised terms).
2. Choose Your Donee(s)
   • Think carefully about who you trust with your decisions. You can appoint one or more people.
3. Get The Form Certified
   • Bring it to a certified LPA Certificate Issuer, such as a registered doctor, practising lawyer, or psychiatrist.
4. Submit To The Office Of The Public Guardian (OPG)
   • Once certified, send the form to the OPG.
   • Registration usually takes 3–8 weeks, depending on whether any objections are raised.

Conclusion About Mental Incapacity In Singapore

Mental incapacity in Singapore is not something any of us wants to think about, but planning ahead makes all the difference. Whether you need to appoint a donee, apply for deputyship, or simply understand your options, the right legal help can bring clarity and peace of mind.

Reach out to Tembusu Law today, let our team of the best criminal lawyers and family lawyers in Singapore help you take the right next steps.

Frequently Asked Questions About Mental Incapacity In Singapore

Who Decides If Someone Has Mental Incapacity?

A registered medical practitioner will assess the individual and determine if they are mentally incapable, often through a formal medical report.

What Is A Lasting Power Of Attorney (LPA)?

An LPA is a legal document that allows a person to appoint someone they trust to make decisions for them if they lose mental capacity in the future.

What If Someone Loses Mental Capacity Without An LPA?

If no LPA is in place, a family member or caregiver must apply to the Court to be appointed as a deputy to make decisions on behalf of the individual.

Can A Person With Mental Incapacity Still Get Divorced?

Yes, but the process can be more complex. A deputy or Court-appointed representative may be needed to act in the person’s best interests during the Divorce.

How Long Does It Take To Appoint A Deputy?

The Court process for deputyship can take several months, depending on the complexity of the case and the availability of medical evidence.