Extension of Whistle-blower Policy for Reporting Suspected Ill-treatment under Mental Capacity Act
Ministry of Social and Family DevelopmentSpeakers
Summary
This question concerns Mr Zhulkarnain Abdul Rahim's query on extending the whistle-blower policy for reporting ill-treatment to individuals with capacity pressured into executing a Lasting Power of Attorney (LPA). Minister for Social and Family Development Masagos Zulkifli B M M responded that the Public Guardian’s powers are restricted to those meeting the "lack of capacity" threshold under the Mental Capacity Act. He highlighted that accredited professionals must certify in-person that donors understand the LPA and are not acting under fraud or undue pressure. Minister for Social and Family Development Masagos Zulkifli B M M noted it would be inappropriate for the Public Guardian to question decisions made by donors with mental capacity once certified. These safeguards ensure donors are protected from duress and can make independent and informed decisions as required under the current framework.
Transcript
28 Mr Zhulkarnain Abdul Rahim asked the Minister for Social and Family Development whether the whistle-blower policy to encourage individuals to report to the Public Guardian on suspected ill-treatment under the Mental Capacity Act 2008, can be extended to cases of Lasting Power of Attorney execution by individuals who have mental capacity yet may be pressured into doing so under duress or undue influence, so that they can be advised to make independent and informed decisions.
Mr Masagos Zulkifli B M M: The powers of intervention for the Public Guardian are confined to individuals who meet the threshold for "lack of capacity" as defined under the Mental Capacity Act (MCA).
I would like to assure the Member that there are safeguards in place to protect individuals from being pressured into making a Lasting Power of Attorney (LPA). The LPA making process requires the donor to meet in-person with an accredited doctor, lawyer or psychiatrist. This professional acts as the LPA Certificate Issuer to certify that no fraud or undue pressure has been applied to the donor and that the donor understands the purpose of LPA and the scope of the authority conferred under it.
I empathise with the Member's concern. In some cases, family and friends of the person making an LPA may believe it was ill-advised. They will, undoubtedly, try to persuade the person to reconsider or to seek independent advice. However, it would not be appropriate for the Public Guardian to question the decision of a donor with mental capacity, who has been seen and certified by an accredited doctor, lawyer or psychiatrist that no fraud or undue pressure has been applied to the donor.