Mental Capacity Act: Why does Malaysia need it and who will benefit from it?

Mental Capacity Act News

Mental Capacity Act: Why does Malaysia need it and who will benefit from it?
M. KulasegaranPower Of AttorneyAged Population
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KUALA LUMPUR, June 1 — According to he Department of Statistics’ estimates, Malaysians aged over 65 will account for 7.4 per cent of the country’s total population this...

File picture of a group of senior citizens with dementia at the Alzheimer’s Disease Foundation Malaysia’s day-care centre in Petaling Jaya.

He said such a law was needed to prepare for a growing incidence of mental incapacity as Malaysia moves from an ageing population to aged and super-aged.Similar laws already exist in other countries including the United Kingdom that enacted its version in 2005, Singapore in 2008, and India in 2017, among others.

A power of attorney is a legal document that permits the appointee to conduct private and business affairs on behalf of the donor. A LPA would give a donee permanent authority to decide on the donor’s finances, health and personal matters, and — crucially — would also only come into effect if the donor is deemed to have lost mental capacity to make decisions for themselves.The proposed law would plainly allow healthy individuals in possession of their mental faculties to make preparations both as precaution or in anticipation of future incapacity.

Other examples of individuals who could benefit from the law include adults with cognitive impairment, which could be a deficiency of a person’s short- or long-term memory, their orientation to others, place, or time to the point of affecting the judgement and ability to make rational decisions on their safety and wellbeing.

A vulnerable adult can still make their own decisions, but need protection from being manipulated into harmful decisions by, for example, family members, lawyers, doctors and accountant, among others.

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M. Kulasegaran Power Of Attorney Aged Population Super-Aged Population Ageing Population Elderly

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