6. Mental Capacity Act

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Questions and Answers

What is the standard of proof used to determine mental capacity according to the material?

Preponderance of evidence

Clear and convincing evidence

Balance of Probabilities (correct)

Beyond a reasonable doubt

Which component is necessary for establishing a lack of capacity as per the outlined model?

Functional Component (correct)

Educational background

Socioeconomic status of the individual

Religious beliefs

In determining mental capacity, which of the following statements is correct?

Mental capacity is always permanent once it is lost.

A person may have fluctuating mental capacity depending on the day. (correct)

A person cannot have mental capacity for any decisions if they lack it for one.

All decision-specific components are the same.

What is meant by 'but-for' causation in the context of mental impairment?

Mental impairment can be one among multiple effective causes. Signup and view all the answers

What practical step can a solicitor take to confirm a person's mental capacity?

Request a medical report or certificate. Signup and view all the answers

When considering 'best interests' for someone lacking capacity, what must be taken into account?

The individual's past preferences and present circumstances. Signup and view all the answers

What does the decision-specific component indicate?

Individuals may have the capacity for certain decisions but not others. Signup and view all the answers

Why should a solicitor not rely solely on a medical report when assessing mental capacity?

The report may lack context about the individual's situation. Signup and view all the answers

What is one condition for a valid Lasting Power of Attorney (LPA) to be created?

The donor must appoint donees, as per Section 12. Signup and view all the answers

Which form is specifically designed for individuals with straightforward requirements granting general powers?

Form 1 Signup and view all the answers

What is required at the time the donor executes the instrument for a Lasting Power of Attorney?

The donor must be at least 21 years old and have capacity Signup and view all the answers

What type of decisions can donees make under an LPA once the donor lacks capacity?

Both personal welfare and property affairs Signup and view all the answers

Which of the following describes the prescribed format containing text-free spaces for specific LPA powers?

Form 2 Signup and view all the answers

What is the default method for submitting an LPA application?

Online submission via the OPGO system Signup and view all the answers

Which of the following is a primary responsibility of the donees appointed in an LPA?

Acting in the best interests of the donor Signup and view all the answers

What must be satisfied for a donor to execute a Lasting Power of Attorney?

The donor must be at least 18 and have capacity Signup and view all the answers

What is one factor that must not influence a determination regarding life-sustaining treatment?

A desire to bring about P’s death Signup and view all the answers

Which of these is a requirement for determining future capacity according to the content?

Evaluating whether it is likely that P will at some time have capacity Signup and view all the answers

Which of the following is NOT included as a consideration when determining P's best interests?

P’s financial status Signup and view all the answers

When determining the disposition of P's property, what must the person making the determination prioritize?

Preserving P's property for maintenance costs during P’s life Signup and view all the answers

Which of the following can be considered relevant circumstances for making a determination about P?

Circumstances that are reasonable to regard as relevant Signup and view all the answers

What is the primary focus of Section 6(4) in relation to P's participation?

To encourage P to improve his ability to participate Signup and view all the answers

Which of the following stakeholders may NOT be consulted according to Section 6(9)?

Medical experts who have not treated P Signup and view all the answers

In the context of the Human Biomedical Research Act 2015, what factor must be taken into account regarding consent?

Matters prescribed by the HBRA or written law Signup and view all the answers

What does Section 6(11) imply about the sufficient compliance of a determination made by someone other than the court?

It is sufficient if the person reasonably believes it’s in P’s best interests Signup and view all the answers

What is a key duty of a solicitor when issuing a Lasting Power of Attorney (LPA) certificate?

To confirm the donor's mental capacity after witnessing the signature Signup and view all the answers

In what situation should a solicitor refer a donor to a psychiatrist?

When the solicitor doubts the donor's mental capacity Signup and view all the answers

Which of the following is NOT a requirement for creating a Lasting Power of Attorney?

The donor must be pressured by a third party to act Signup and view all the answers

What process must a donor follow when using the OPGO system to create LPA Form 1?

Login through Singpass to complete the necessary fields Signup and view all the answers

What is the risk involved if a solicitor falsely attests to a signature on a consent document?

The solicitor risks committing a disciplinary offense Signup and view all the answers

Which of the following statements is true regarding the completion of LPA Form 2?

The donor must review and confirm the draft created by solicitors before proceeding Signup and view all the answers

What must be ensured before witnessing the donor's signature on the LPA?

The donor must understand the legal effect of the LPA Signup and view all the answers

What is the role of the OPGO system in the LPA creation process?

To serve as a platform for completing and managing the LPA process Signup and view all the answers

What action must a relevant person take if they wish to object to an application they have been served?

Apply to Court within 21 days to be joined as a party Signup and view all the answers

Which of the following powers is NOT granted to a deputy under Section 20(2) related to Property & Affairs?

Decide on P's living arrangements Signup and view all the answers

Under which circumstance can a deputy give or revoke consent involving P under the Human Biomedical Research Act 2015?

When specifically authorized by the Court Signup and view all the answers

What is a restriction on the powers granted to deputies as stated in Section 25?

Deputies are prohibited from gifting P's property Signup and view all the answers

Which of the following is NOT a duty of a deputy under personal welfare?

Managing P's financial resources Signup and view all the answers

Which power allows a deputy to manage P's property and affairs?

Settlement of P's property on trust Signup and view all the answers

What is required for a relevant person to successfully object to part of an application?

Court application within specified period Signup and view all the answers

Which of the following responsibilities is included under a deputy's powers regarding P's personal welfare?

Direct a person responsible for P's healthcare Signup and view all the answers

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.
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.
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.
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
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.
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.