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New Bill To Prepare for Old Fart/Gecko Going Senile!

makapaaa

Alfrescian (Inf)
Asset
<TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR>Sep 16, 2008
parliament
</TR><!-- headline one : start --><TR>Mental capacity loss: A back-up
</TR><!-- headline one : end --><TR>Bill passed allows one to appoint others to act on his behalf if need arises </TR><!-- Author --><TR><TD class="padlrt8 georgia11 darkgrey bold" colSpan=2>By Li Xueying
</TD></TR><!-- show image if available --></TBODY></TABLE>




<!-- START OF : div id="storytext"--><!-- more than 4 paragraphs -->SINGAPOREANS will soon be able to appoint people they trust to make decisions on their behalf if they ever lose their mental capacity.
These may include handing over responsibility for property and financial matters, as well as their personal welfare and health care.
Against the backdrop of an ageing population, Parliament yesterday passed the Mental Capacity Bill.

It will come into effect in a year's time with the setting up of a new Office of Public Guardian to administer it.

Minister for Community Development, Youth and Sports Vivian Balakrishnan said the number of people with dementia is set to rise significantly as the population ages.

Among those aged 65, the incidence of dementia is one in 20. It rises to one in 10 for those aged 75.

The new law makes it possible for people to plan ahead and choose someone they trust and rely on to care for them, should they succumb to dementia or other diseases of the mind.

Formulated after extensive public consultation, its provisions are voluntary.

It also empowers parents of children with intellectual disabilities to apply to the High Court to appoint a 'deputy' to act for their child after their deaths.

Each individual can decide the areas in which his proxy, called the donee, may make decisions for him. He may appoint one or several donees.
Undischarged bankrupts cannot be appointed as donees for property and financial affairs because of 'legal impediments' to them performing certain functions, such as acting as trustees or company directors.
The new law also requires donees to ensure decisions are taken in the best interests of the mentally incapacitated persons. Donees are also not allowed to make decisions in six highly sensitive areas: consent to marriage or divorce, sexual relations, sterilisation, adoption, renouncing a religion and change of gender.

=> Old Fart afraid kena castrated by Ass Loon after he's bedridden?

Eight MPs later rose to debate the Bill and expressed concerns in two areas.

Mr Sin Boon Ann (Tampines GRC), Ms Ellen Lee (Sembawang GRC) and Ms Denise Phua (Jalan Besar GRC) urged the Ministry of Community Development, Youth and Sports (MCYS) to inform and educate Singaporeans about the Bill and its provisions, in language they can understand.

Ms Phua said: 'There is a need for the ministry to educate Singaporeans so they can make informed options instead of relying on a default, false confidence that things will fall into place when the time comes.'
MPs also asked if sufficient safeguards were in place to protect mentally incapacitated persons in a range of scenarios.

Mr Hri Kumar Nair (Bishan-Toa Payoh GRC) pointed out that a person could regain his mental capacity, only to find that his proxy refused to give up his decision-making powers.

Dr Balakrishnan said the Bill recognises that mental capacity can wax and wane. That is why the presumption is that the person has capacity until established otherwise. He gave the assurance that as the MCYS formulates a code of practice for the new law, it will cater for such protection. [email protected]
 

makapaaa

Alfrescian (Inf)
Asset
Ass Loon: Diu!

<TABLE cellSpacing=0 cellPadding=0 width="100%" border=0><TBODY><TR>Sep 16, 2008
parliament
</TR><!-- headline one : start --><TR>A crime to ill-treat mentally incapacitated
</TR><!-- headline one : end --><!-- show image if available --></TBODY></TABLE>




<!-- START OF : div id="storytext"--><!-- more than 4 paragraphs -->IT WILL now be a crime for a caregiver to ill-treat or wilfully neglect a mentally incapacitated person.
With yesterday's passage of the Mental Capacity Bill, any caregiver found guilty of abuse or wilful neglect will be liable to imprisonment or a fine or both.
Minister for Community Development, Youth and Sports Vivian Balakrishnan said: 'Where we are to care for or decide on behalf of those who lack capacity, I am certain that the majority will do so sincerely.
'However, we are also aware of the vagaries of human nature.'
He cited as an example the case of Madam Salinah Mohamed Said.
She was appointed by the courts to manage the money awarded to her husband as the result of an accident.
Not only did she pocket all the money for herself, but she also locked up her husband at home without care, and ran off to live with another man.
The case was reported in The New Paper in May this year. 'We want to deter such abuse as far as possible,' Dr Balakrishnan said.
 
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