KUALA LUMPUR, Sept 1 — The proposed Mental Capacity Act will allow Malaysians to plan the management of their property and legal decisions in advance, in case they become mentally incapacitated.

Mental capacity refers to a person’s ability to make autonomous decisions, including understanding and reasoning, The Star reported.

“Mental capacity can be affected by many reasons such as intellectual ability, brain damage, physical and mental illness, said International Islamic University Malaysia’s Kuantan Campus consultant psychiatrist Assoc Prof Dr Nora Mat Zin.

“Chronic mental illness may complicate the cognitive ability and impair the thinking process,” she added

According to her, the Mental Capacity Act would benefit mentally incapacitated individuals by providing clarity and a legal framework for managing their estate and will.

She noted that the Act would help resolve disputes among family members over a person’s ability to make decisions regarding their estate.

Lawyer Rajesh Nagarajan said that, unlike the Mental Health Act, which involves court intervention after a person is declared mentally incapacitated, the proposed Mental Capacity Act allows individuals to take control while they still have capacity.

“With the proposed Act, people can appoint a trusted decision-maker through a power of attorney, ensuring their estate is managed exactly how they want it to be done,” he said.

Rajesh emphasised the need for the legislation to be in plain language, so that people can understand and plan for their future without interpreting complex legal terms.

“There must be strong oversight mechanisms to prevent any misuse of power.

“The proposed Act should also allow for changes to be made based on differing circumstances,” he added.

The Association of Women Lawyers (AWL) stated that a Lasting Power of Attorney (LPA) would be activated if a person becomes mentally incapacitated, whether temporarily or permanently.

“This could be due to the onset of dementia, Alzheimer’s, or other illnesses affecting mental capacity,” AWL said.

The LPA allows for advance planning and would not compromise the individual’s affairs in the event of mental incapacity, which can include health, wealth and well-being.

“For children with impaired mental capability, their parents can plan for their future when they reach adulthood and are unable to plan for themselves,” it said.

AWL noted that the LPA is applicable not only to persons with disabilities but also to all Malaysians who may face periods of mental incapacity.

“The challenge is that people may be unaware of the existence of the LPA and not understand its importance,” said AWL.

The group called on the government to raise awareness about the LPA, especially as Malaysia approaches an ageing population status by 2030.

https://www.malaymail.com/news/malaysia/2024/09/01/plan-ahead-before-its-too-late-proposed-mental-capacity-act-to-safeguard-property-and-legal-decisions-say-experts/148853