Publication Type

Journal Article

Version

submittedVersion

Publication Date

2-2022

Abstract

Singapore’s adult guardianship law was derived from the Mental Capacity Act in England and Wales. This article explores the process of how Singapore’s Mental Capacity Act was adapted and fine-tuned to operate in a jurisdiction with different cultural conditions, religions, familial norms, and social institutions. The first part of the article demonstrates that despite its apparent similarities, the policymakers in Singapore have omitted crucial portions of the Mental Capacity Act which deal with the human rights of persons lacking capacity. This omission is unsurprising considering Singapore’s history of advancing an Asian values approach to human rights. In the second part, it will be demonstrated that Singapore’s Mental Capacity Act has been interpreted by some healthcare professionals through the lens of relational autonomy in certain circumstances to accommodate a family-centric mode of decision-making. The appeal to relational autonomy may be explained on the centrality of the family in the lived reality of most persons in Singapore. In this regard, this article argues that a formal protocol should be drafted to guide healthcare professionals in navigating the tricky minefield of furthering a person’s autonomy while recognizing the centrality of the family in certain contexts.

Keywords

Family & Medical Decision-Making, Adult Guardianship, Mental Capacity, Relational Autonomy, Singapore

Discipline

Asian Studies | Family Law

Research Areas

Public Interest Law, Community and Social Justice

Publication

International Journal of Law, Policy and the Family

Volume

36

Issue

1

First Page

1

Last Page

21

ISSN

1360-9939

Identifier

10.1093/lawfam/ebac002

Publisher

Oxford University Press

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.1093/lawfam/ebac002

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