KUALA LUMPUR: The Legal Affairs Division of the Prime Minister's Department (BHEUU) is spearheading efforts to introduce the Mental Capacity Act, a significant legal framework aimed at empowering individuals to proactively plan their affairs through lasting power of attorney.
Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran made this announcement, highlighting the Act's potential to revolutionise how Malaysians manage their legal and personal matters.
The proposed legislation seeks to grant individuals the authority to designate trusted representatives who can make crucial legal decisions on their behalf, covering areas such as advanced medical directives, property management, and child welfare.
Importantly, individuals can make these designations preemptively, well before any potential onset of mental incapacity.
Kulasegaran emphasised the urgent need for such legislation in light of Malaysia's ageing population and evolving societal needs.
He said that mental incapacity encompassed a wide range of situations, from chronic conditions like Alzheimer's to temporary incapacities resulting from medical procedures.
"If a person, for example, is suffering from Alzheimer's or has an autistic child, they can plan for the management of the child's affairs in the future through the lasting power of attorney under the Mental Capacity Act.
"I believe it is important that I state at this juncture that mental incapacity does not only befall those who suffer from mental illnesses.
"It also includes situations where a person may be undergoing surgery or is suffering from temporary mental incapacity, in that sense," he said at the Mental Capacity Act For Malaysia 2024 Forum, here.
Kulasegaran said the government was currently engaging with stakeholders to discuss the policies of the Act before meeting with state governments.
"BHEUU will identify the policy parameters in deciding what further engagements are needed with other stakeholders.
"A policy paper will be tabled in the Cabinet in due course (within this year) to obtain policy approval before the drafting of the legislation can begin
Other countries that have enacted similar legislation include the United Kingdom and Singapore, in 2005 and 2008, respectively.
Based on the GOV.UK website, lasting power of attorney is a legal document that lets a person appoint one or more people known as 'attorneys' to help make decisions or to make decisions on an individual's behalf
The Act, Kulasegaran said, was in line with Article 8(1) of the Federal Constitution which stated that all persons are subject to law and equal protection to law.
"This new legislation will therefore be a transformational new legal instrument in Malaysia to assist in the care and management of those who become mentally incapacitated."
Meanwhile, he highlighted that the Mental Capacity Act would complement the currently enforced Mental Health Act 2001, rather than replacing it.
"The Mental Health Act 2001 only allows the court to set up a committee to look after the affairs and estate of a person after he or she is already mentally disordered.
"It hence deprives the said person of the right to make a plan of his choice for his affairs in the future.
"Therefore, the proposed Mental Capacity Act will overcome this (restriction) by allowing planning before the mental incapacity," he said.