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Mental Capacity Bill to be tabled in Parliament this year, allowing pre-planning for incapacitation: Kulasegaran | Scoop
Deputy law minister M. Kulasegaran has said that the Mental Capacity Bill will be tabled in Parliament this year. – M. Kulasegaran Facebook pic, May 21, 2024
News

Mental Capacity Bill to be tabled in Parliament this year, allowing pre-planning for incapacitation: Kulasegaran

Legislation will allow people to make early arrangements for medical care, selecting decision-makers, managing estate if they become mentally incapacitated

Scoop Reporters
Updated
3:56 PM MYT

 

KUALA LUMPUR – Putrajaya is set to table a Mental Capacity Bill in Parliament this year, says Deputy Minister in the Prime Minister’s Department (Law and Institutional Reforms) M. Kulasegaran today.  

This legislation, he said, will complement the existing Mental Health Act 2001. 

Speaking at the Mental Capacity Act for Malaysia 2024 Forum, the Ipoh Barat MP said that the new law would enable people to plan their affairs in the event they become mentally incapacitated. 

Currently, under the Mental Health Act 2001, the law solely permits the judiciary to establish a committee tasked with administering the affairs and estate of individuals suffering from mental disorders subsequent to their incapacitation. 

This current legal framework, Kulasegaran said, deprives a person of the right to plan his affairs in the future.  

Kulasegaran said the new law would allow people to plan ahead for their future by making arrangements for medical care, choosing someone to make legal decisions for them, and managing their property if they become unable to do so themselves due to mental incapacity. 

By implementing such legal reforms, Malaysia would move closer to the legal frameworks of nations like the United Kingdom and Singapore.  

Both countries have already enacted similar provisions under their Mental Capacity Acts of 2005 and 2008, respectively, he said. 

Citing data from the Statistics Department, Kulasegaran said there was an increase in individuals aged 65 and above from 7.2% to 7.4% from 2022 to 2023, which he cited as one of the reasons for introducing the bill. 

Kulasegaran also said this number is expected to exceed 20% by 2056, categorising Malaysia as a super-aged nation. 

“This is why the Mental Capacity Act for Malaysia 2024 Forum today is important to initiate a conversation with relevant stakeholders to discuss issues related to the new law that must be ironed out before policy decisions are made.

“This includes promoting awareness, identifying policy parameters, and challenges that we must overcome.  

“The Legal Affairs Division of the Prime Minister’s Department will identify the policy parameters for engagements and a policy paper will be tabled in cabinet in due course to obtain policy approval before drafting the law,” Kulasegaran added. – May 21, 2024 

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