What Is “Mental Capacity”?

Published on 10th March, 2017 by Benjamin Li Yong Le

Under the Mental Capacity Act, a person is deemed to lack mental capacity if he is “unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain”.

Under the Mental Capacity Act, a person is deemed to lack mental capacity if he is “unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain”.

It is irrelevant whether the impairment or disturbance is permanent or temporary.

Possible examples include dementia, Alzheimer’s disease, a stroke or a head trauma as the result of an accident.

About the Author

Benjamin Li Yong Le (“Ben”) is an Advocate & Solicitor of the Supreme Court of Singapore. Ben is currently running his own boutique corporate and commercial law firm under the name and style of L’avocat Law LLC.