Mental Capacity Act

The Mental Health Capacity Act (CAP 177A) was originally enacted in 2008 (the “Act”).

The Act was designed to provide a regulatory framework in which a person who does not have the capacity to make a decision for himself because of an impairment of or a disturbance in the functioning of the mind and or brain at the material time may appoint someone to do so on his behalf.

The Act prescribes the conditions and process under which a person to make a lasting power of attorney (the “LPA”), which is a legal document that allows a person to voluntarily appoint another person or to make decisions on personal welfare and property & financial affairs.

A person is deemed to be unable to make a decision for himself if he is unable to:

  1. understand the information relevant to the decision;
  2. retain that information;
  3. use or weigh that information as part of the process of making the decision; or
  4. communicate his decision (whether by talking, using sign language or any other means).

Should a person lose his mental capacity before he has a chance to make a Lasting Power of Attorney, the Act requires that a Court order be granted before anyone else may act on that person’s behalf. More information is available here.

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