NNI Talk ‐ 23 November 2013 25/4/2014 Im plem entation of the Mental Capacity Act in Singapore 3 r d W o r l d C o n g r e s s o n A d u l t G u a r d i a n s h i p 3 0 M a y 2 0 14 1 Singapore New York City (786 sq km) is slightly larger than Singapore Tokyo (2,187 sq km) is three times bigger. – Sources: (1) http://www.sla.gov.sg (2) http://app.singapore.sg/about- singapore/map-of-singapore 2 Demographic Trends: Singapore Resident Elderly 65+ 1,000,000 Rise in No. of Resident Elderly 65+ with 900,000 Dementia 800,000 90000 700,000 80000 600,000 70000 500,000 60000 400,000 50000 300,000 40000 200,000 2013 2020 2030 30000 20000 Resident Elderly 85+ 100000 10000 0 80000 2013 2020 2030 60000 Source: MOH, DOS, NPTD (2011) 40000 Observation : increasing number of 20000 individuals would need deputies and 0 donees 2013 2020 2030 Source: DOS, NPTD (2011) 3 1
NNI Talk ‐ 23 November 2013 25/4/2014 Singapore law • Mental Disorder Ordinance 38 of 1952 1952 • Mental Disorders and Treatment Act 1970 (“MDTA”) 1970 • Mental Capacity Act (“MCA”) 2010 4 Government’s role enhanced by MCA MDTA: Judicial arm confined to “archaic concept of unsound mind” MCA framework adequate to deal with the problems suffered by the mentally incapacitated 5 Framework of Mental Capacity Act Person who Lacks Mental Capacity The 5 Principles ardian Office of the Public Gua Lasting Court Care Power of Appointed Givers Attorney Deputies Excluded Decisions Code of Practice Ill-Treatment 6 2
NNI Talk ‐ 23 November 2013 25/4/2014 Functions of the Office of Public Guardian 7 4 Functions of OPG Registry Public Public Supervision Education Guardian Investigation 8 4 Functions of OPG at a glance Registry Supervision Establish and maintain a Supervise deputies registry of: Manage & direct Board of • Lasting Power of Attorney Visitors (LPAs) • Court orders appointing • Court orders appointing Reporting to court Reporting to court deputies I nvestigation Public Education Create awareness of MCA / Investigate into alleged ill- LPA treatment of a person Stakeholder outreach and without mental capacity education Public information 9 3
NNI Talk ‐ 23 November 2013 25/4/2014 Key Components of Registry Functions • Establish and maintain a register of LPAs • Verify information on LPAs before registration LPA • Review draft LPAs for ineffective clauses • Update list of revoked LPAs for third parties’ verification • Establish and maintain a register of Court Deputy orders • Facilitate 3 rd parties’ searches on OPG’s register 10 Key Components of Supervision Functions Supervise deputies • Allocate appropriate level of monitoring to new cases • Write to deputies to request for due reports Write to deputies to request for due reports Manage & direct Board of Visitors to conduct home visits Reporting to court where directed to do so 11 Key Components of Investigation Functions Receive complaints of alleged ill- treatment of a person without mental capacity Investigate into complaints by exercising statutory powers Take follow up action to protect P’s personal welfare or property 12 4
NNI Talk ‐ 23 November 2013 25/4/2014 Key Components of Public Education Functions Create • Publish information about MCA and LPA • Reach out to target audience through awareness booths at exhibitions S Stakeholder k h ld • Hold dialogues with key stakeholders H ld di l i h k k h ld regularly Engagement • Meetings with individual stakeholders Public • Give talks on LPA and deputyship • Publish guides for donees, deputies and Information caregivers 13 Registry of LPAs and court orders No of LPA No of court applications orders received appointing deputies FY2010 655 171 (March 2010 – March 2011) FY2011 977 223 (April 2011 – March 2012) FY2012 1,930 229 (April 2012 – March 2013) FY2013 2,241 220 (April 2013 – till date) NB: Persons appointed as Com m ittee of Persons and/ or Estate under repealed Mental Disorder and Treatm ent Act are considered deem ed deputies. 4,528 deem ed deputies from 3,195 court orders w ere absorbed by OPG on 1 March 2010. 14 Public Education’s key messages and target audience Positioning LPA as pre-planning instrument to protect one’s interests. LPA as key component of holistic planning for life’s eventualities. LPA provides for personal autonomy & upholds one’s dignity. Life unpredictable. One can lose mental capacity unexpectedly because of accidents even as dementia also rising in fast ageing population. d i l i i i f i l i Key LPA protects an individual in event he loses mental Messages capacity and becomes vulnerable. Making LPA offers certainty and peace of mind to individual, his family and loved ones in life’s uncertainties. ‘Influencers’ Working/ Target Active lawyers, doctors, Elderly Heartlanders affluent Youth Audience Agers financial planners, adults social workers 15 5
NNI Talk ‐ 23 November 2013 25/4/2014 Varied tactics to reach out to the target audience Public Awareness Cam paign TV/ radio campaign, print ads, local media engagement, outdoor bus shelters, bus wrap ads etc. Talks Events outreach participation • • Corporate lunch time talks C3A: 50Plus Expo, religious • Community Centre/ VWO/ Healthcare Community Centre/ VWO/ Healthcare organisations organisations • institution talks CEL: LivEnabled roadshow • • Big scale public talks like HDB’s NTUC U Live: U Live Symposium for Tactics retirement seminars the 50+ • • Industry specific seminars e.g. NNI’s ADA, HPB, TTSH: World Alzheimer’s Neurocognitive Symposium Day related events Outreach to ‘influencers’ Workshops Collaboration with Training social intermediaries (pro Regular LPA & partners bono lawyers, social workers at Deputy workshops POSB , C3A, PA FSCs) to conduct talks & assist elderly with form-filling 16 OPG’s inaugural awareness campaign Out-of-home ads 17 OPG in the news 18 6
NNI Talk ‐ 23 November 2013 25/4/2014 Increasing awareness of LPA, MCA and increased uptake of LPA Almost 50% Source: Public surveys conducted in 2010 and 2012 5-year workplan (FY2013 – FY2017) 20 Strategic Thrusts – Next 5 years Them e : Staying Relevant; Review & Refine STRATEGI C THRUSTS ENSURE ENSURE SHARPEN Review & ACCESSI BI LI I TY, Relevance PUBLI C PROTECTI ON refine EASE AND CONFI DENCE FRAMEWORK CONVENI ENCE Changing Mindsets 21 7
NNI Talk ‐ 23 November 2013 25/4/2014 The Roadmap – Next 5 years STRATEGI C THRUSTS STRATEGI C THRUSTS ENSURE ENSURE PUBLI C ENSURE PUBLI C SHARPEN PROTECTI ON SHARPEN PROTECTI ON ACCESSI BI LI I TY, EASE CONFI DENCE CONFI DENCE FRAMEWORK FRAMEWORK Refine Refine AND CONVENI ENCE ce ce Review & R Review & R Review legislation Review legislation Review legislation Review legislation Targeted donor / Targeted donor / T T t d d t d d / / Relevan Relevan Framework for Framework for donee engagements donee engagements LPA Review LPA Review Review Code of Review Code of professional deputies professional deputies Committee Committee Practice Practice Targeted third party Targeted third party Review modes of LPA submission Review modes of LPA submission engagements engagements Develop risk-based Develop risk-based Online accreditation Online accreditation Promote & encourage Promote & encourage supervision framework supervision framework best practices best practices Feasibility of tribunal system Feasibility of tribunal system Continuing education and outreach Continuing education and outreach Changing Changing Ongoing engagements Ongoing engagements Mindsets Mindsets Generate conversations Generate conversations Advocacy Advocacy 22 Simplification of LPA form ENSURE ENSURE PUBLI C SHARPEN PROTECTI ON ACCESSI BI LI I TY, EASE CONFI DENCE FRAMEWORK AND CONVENI ENCE Mid-Jan 2014 Feb 2014 Mar - Apr 2014 Apr – May 2014 1 Jun 2014 • Testing of revised • Comments by • Senior mgmt’s • Public comms. • Launch of forms Chairman, PGB clearance Plan & training simplified forms • 7 th LPA Review • AGC clearance Comm. mtg • Minister’s approval 23 See Appendix for full tim eline New initiatives to increase efficiency ENSURE ENSURE PUBLI C SHARPEN PROTECTI ON ACCESSI BI LI I TY, EASE CONFI DENCE FRAMEWORK AND CONVENI ENCE To reduce waiting time for public and Pilot postal staff pressure during processing of mode of LPA application application submissions submissions Exploring with RSVP to tap on Additional volunteers to carry out back-end manpower for processing of LPA applications LPA registry Online search module Tapping on Online LPA form maker technology Self-help kiosk 24 8
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