Basis of Hospital Visitation and Medical Decision-making Rights Extended to Patient's Unmarried Partner
Ministry of HealthSpeakers
Summary
This question concerns the basis for hospital visitation and medical decision-making rights for unmarried partners, including same-sex partners, as raised by Assoc Prof Walter Theseira. Minister Gan Kim Yong clarified that visitation is generally permitted for friends and relatives, subject to medical conditions and hospital operational restrictions. Patients with mental capacity retain autonomy over healthcare decisions, while those lacking capacity can appoint any trusted person as a donee through a Lasting Power of Attorney. In the absence of a donee or court-appointed deputy, doctors make decisions in the patient’s best interests, with the court resolving any potential conflicts. These frameworks under the Mental Capacity Act apply regardless of marital status, although certain major decisions like life-sustaining treatment remain excluded from a donee’s authority.
Transcript
2 Assoc Prof Walter Theseira asked the Minister for Health (a) whether, and on what basis, hospital visitation and medical decision-making rights are extended to a patient's unmarried partner; and (b) whether, and on what basis, these rights are applicable to unmarried partners of the same sex.
Mr Gan Kim Yong: Hospital visitation by relatives and friends are allowed, subject to considerations such as the patient's medical condition, visiting hours and restrictions on number of visitors at bedside to minimise disruptions.
Where the patient has mental capacity, decisions on his healthcare and treatment plans rests with the patient himself. Under the Mental Capacity Act (MCA), individuals can make a Lasting Power of Attorney (LPA) to appoint anyone they trust as their donees, to make decisions relating to their personal welfare, in the event that they lose mental capacity. Such donees can make decisions relating to the individuals' healthcare and treatment, such as hospital visitation, but excludes certain key medical decisions, such as sterilisation and continuation or cessation of life-sustaining treatments. A deputy may also be appointed by the court under MCA to make certain decisions on behalf of an individual who lacks mental capacity, when the individual has not made a LPA, and has no donee to make decisions on his behalf.
In the absence of a donee or deputy, the doctor-in-charge would usually make decisions based on the best interests of patients under their care, but the court may have to make these decisions, if there is an unresolved conflict over what the best interests of the patients are.