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What is the standard of proof used to determine mental capacity according to the material?
Which component is necessary for establishing a lack of capacity as per the outlined model?
In determining mental capacity, which of the following statements is correct?
What is meant by 'but-for' causation in the context of mental impairment?
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What practical step can a solicitor take to confirm a person's mental capacity?
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When considering 'best interests' for someone lacking capacity, what must be taken into account?
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What does the decision-specific component indicate?
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Why should a solicitor not rely solely on a medical report when assessing mental capacity?
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What is one condition for a valid Lasting Power of Attorney (LPA) to be created?
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Which form is specifically designed for individuals with straightforward requirements granting general powers?
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What is required at the time the donor executes the instrument for a Lasting Power of Attorney?
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What type of decisions can donees make under an LPA once the donor lacks capacity?
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Which of the following describes the prescribed format containing text-free spaces for specific LPA powers?
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What is the default method for submitting an LPA application?
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Which of the following is a primary responsibility of the donees appointed in an LPA?
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What must be satisfied for a donor to execute a Lasting Power of Attorney?
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What is one factor that must not influence a determination regarding life-sustaining treatment?
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Which of these is a requirement for determining future capacity according to the content?
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Which of the following is NOT included as a consideration when determining P's best interests?
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When determining the disposition of P's property, what must the person making the determination prioritize?
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Which of the following can be considered relevant circumstances for making a determination about P?
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What is the primary focus of Section 6(4) in relation to P's participation?
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Which of the following stakeholders may NOT be consulted according to Section 6(9)?
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In the context of the Human Biomedical Research Act 2015, what factor must be taken into account regarding consent?
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What does Section 6(11) imply about the sufficient compliance of a determination made by someone other than the court?
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What is a key duty of a solicitor when issuing a Lasting Power of Attorney (LPA) certificate?
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In what situation should a solicitor refer a donor to a psychiatrist?
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Which of the following is NOT a requirement for creating a Lasting Power of Attorney?
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What process must a donor follow when using the OPGO system to create LPA Form 1?
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What is the risk involved if a solicitor falsely attests to a signature on a consent document?
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Which of the following statements is true regarding the completion of LPA Form 2?
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What must be ensured before witnessing the donor's signature on the LPA?
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What is the role of the OPGO system in the LPA creation process?
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What action must a relevant person take if they wish to object to an application they have been served?
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Which of the following powers is NOT granted to a deputy under Section 20(2) related to Property & Affairs?
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Under which circumstance can a deputy give or revoke consent involving P under the Human Biomedical Research Act 2015?
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What is a restriction on the powers granted to deputies as stated in Section 25?
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Which of the following is NOT a duty of a deputy under personal welfare?
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Which power allows a deputy to manage P's property and affairs?
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What is required for a relevant person to successfully object to part of an application?
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Which of the following responsibilities is included under a deputy's powers regarding P's personal welfare?
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Study Notes
Mental Capacity Act
- Mental capacity isn't assessed with a "blunt, all-or-nothing" test.
- It is time-specific and decision-specific.
- Time-specific means a person's capacity can change over time, they may have good days and bad days.
- Decision-specific means a person may be able to make some decisions but not others.
- The standard of proof for lack of capacity is the balance of probabilities.
- Functional component of lack of capacity refers to the inability to make a decision in relation to a specific matter at the material time.
- Clinical component of lack of capacity involves an impairment of the mind and a causal connection between the impairment and the inability to make decisions.
- But-for causation is sufficient for proving the causal connection.
- Mental impairment does not need to be the sole cause; multiple effective causes, including undue influence, can contribute.
- To avoid doubts, solicitors should obtain a medical report or certificate from a doctor certifying the person's mental capacity to make the decision.
- The Court of Appeal ruled that courts must consider a person's actual circumstances in assessing mental capacity.
- Solicitors should not rely solely on medical reports; they should also see the person to satisfy themselves of their mental capacity.
Best Interests
- When a person lacks capacity, the Best Interests principle guides decision-making.
- Best interests should not be determined based on age, appearance, or behavior leading to unjustified assumptions.
- The person making the determination must consider all relevant circumstances and take steps outlined in Sections 6(3-9) of the Mental Capacity Act.
- Relevant circumstances are those that the decision-maker is aware of and those it would be reasonable to regard as relevant.
- The assessment of best interests considers whether the person is likely to regain capacity at some point and when.
- It encourages participation and improving the person's ability to participate as fully as possible in decisions affecting them.
- In life-sustaining treatment decisions, the decision-maker should not be motivated by a desire to bring about the person's death.
- Decisions related to human biomedical research and clinical trials must comply with the Human Biomedical Research Act 2015.
- For decisions regarding property, the decision-maker must be motivated to preserve the person's property for their maintenance.
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Key considerations in determining best interests include:
- The person's past and present wishes and feelings, including relevant written statements made when they had capacity.
- The person's beliefs and values that would likely influence their decision.
- Other factors that the person would likely consider.
- Views of anyone named by the person to be consulted, those involved in caring for them, and those interested in their welfare.
- Views of anyone granted a lasting power of attorney or appointed as a deputy by the Court.
Lasting Power of Attorney (LPA)
- An LPA is a power of attorney granting a donee authority to make decisions on the donor's personal welfare or property and affairs when the donor lacks capacity.
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Requirements for creating a valid LPA:
- Comply with Section 12 regarding the appointment of donees.
- Use Form 1 or Form 2 for the instrument conferring authority, which must be registered according to the First Schedule.
- The donor must be at least 21 years old and have capacity to execute the instrument at the time.
- Form 1 is for straightforward requirements and general LPA powers. It has a prescribed format for self-completion and allows only basic restrictions.
- Form 2 is for more complex requirements and specific LPA powers. It has a format for solicitors to draft specific powers and restrictions.
- OPGO (Office of the Public Guardian Online) system is the default method for submitting an electronic LPA through Singpass.
- Hardcopy submission is allowed in exceptional circumstances, where there is no fraud, undue pressure, or any other obstacle to creating an LPA.
- The Certificate Issuer (often a solicitor) must take reasonable care to advise the donor on the implications of creating an LPA.
- The Certificate Issuer should meet the donor, explain the legal effect, and ensure they have capacity before witnessing the donor's signature.
- They should refer the donor to a psychiatrist if in doubt and not rely on third parties to discharge duties.
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Procedures for electronic LPA through OPGO:
- Submit LPA Form 1 or Form 2.
- The donee(s) accept their appointment(s) through the OPGO system.
- The Certificate Issuer issues the certificate.
- The LPA is registered.
Deputies
- Deputies are appointed by the Court to make decisions on behalf of someone lacking capacity.
- Deputies can have powers over Personal Welfare or Property & Affairs
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Personal welfare powers include:
- Deciding where the person lives.
- Determining contact with specified persons.
- Prohibiting contact with a specific person.
- Giving, refusing, or revoking consents for treatment and clinical trials (subject to the AMD).
- Giving, refusing, or revoking consents involving the person under the Human Biomedical Research Act 2015.
- Directing healthcare providers to allow a different person to take over their responsibilities.
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Property & Affairs Powers include:
- Control and management of the person's property.
- Sale, exchange, charging, gifting, and disposition of property.
- Acquisition of property.
- Carrying on professions, trades, or businesses.
- Dissolving partnerships.
- Carrying out contracts entered into by the person.
- Discharging debts and obligations.
- Settling property on trust for the person's or others' benefit.
- Making or revoking CPF and insurance nominations.
- Executing a will for the person.
- Maintaining, educating, benefiting, and advancing the person's spouse, parent, minor child, or intellectually disabled child.
- Exercising any power vested in the person, beneficially or as a trustee.
- Conducting legal proceedings in the person's name or on their behalf.
- Deputies cannot be granted powers related to consenting to marriage or civil partnership, creating or revoking a lasting power of attorney, or appointing or removing a deputy.
- Restrictions on deputies' powers may be imposed under Section 25 of the Mental Capacity Act.
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Description
This quiz explores the key aspects of the Mental Capacity Act, focusing on time-specific and decision-specific capacities. Understand the functional and clinical components of mental impairment and how they relate to decision-making. Test your knowledge on the nuances of assessing mental capacity.