Destigmatising Conversations about Lasting Power of Attorney
SPEECH BY MELVIN YONG (MP FOR RADIN MAS SMC) AT THE 2ND READING OF THE MENTAL CAPACITY (AMENDMENT) BILL ON 6 JULY 2021
1. Madam Deputy Speaker, I stand in support of the Mental Capacity (Amendment) Bill, which seeks to enable the Lasting Power of Attorney (LPA) to be made electronically.
Importance of LPA cannot be understated, neither is the stigma
2. Madam, the LPA is an important legal instrument that safeguards the interests of those who lose their mental capacity. Once we reach the age of 21, anyone of us can become a donor and appoint one or more persons whom we trust to become a donee to make decisions on our behalf, in the unfortunate event that we lose our mental faculties.
3. According to data from the Office of the Public Guardian (OPG), the number of LPAs registered has been on an upward trend. In 2016, there were only about 8,000 LPAs registered. But in just the first 3 months of 2021, we have seen over 9,000 LPAs registered, and the MSF expects more than 40,000 LPAs to be registered this year. The proposed amendments in the Bill are therefore timely as an online system will allow the Ministry to cater to higher volume of LPA applications.
4. While it is encouraging to seeing an increasing number of LPA applications in recent years, we need to be aware that those who have registered as a doner remains a very small minority in our society, and more must be done to address the stigma that comes associated with conversations about LPA.
5. It is common to hear our loved ones, especially our parents and grandparents, dismiss discussions about registering an LPA with words like “touch wood”, or more colloquially — “choy!”, and unfortunately, the conversation does not progress past this stage. Amongst the young, many simply think that this is something for seniors to do. Can the Ministry provide a demographic breakdown of applicants that have become donors in the past 5 years and share its plans to destigmatise the topic of LPA and encourage adoption, especially among our seniors?
The shift online requires sufficient safeguards
6. Madam Deputy Speaker, the shift to digitalise LPA applications means that we need to put in place robust safeguards to prevent fraudulent applications.
7. Under the Bill, the electronic copy of a registered LPA will be treated as free from error if individuals do not notify the OPG of any rectification within 90 days. I am particularly concerned about this. How would someone know that someone else has impersonated them either as a donor or a donee? How will the OPG know if fraud or undue pressure was used to induce a donor to make an LPA or appoint a particular person to be their donee?
8. I would also like to ask if there have been instances of a donee being appointed by multiple donors, and whether this would be a key factor in determining fraudulent digital LPA applications.
Ensuring access for the less tech-savvy
9. Lastly, I would like to echo what several members have raised yesterday and today, about the importance of ensuring that digital LPA applications remain accessible to the less tech-savvy, particularly our seniors. While I am glad to hear that the MSF plans to leverage community touchpoints like the Citizen Connect Centres at our Community Centres, to aid those who need help, I believe that more can be done to assist our seniors at the hubs that they frequent.
10. Can the MSF consider working with Senior Activity Centres, which are based in the heartlands, to assist their members to do digital LPA applications? We can also consider using regional Social Service Office as another channel to outreach to vulnerable Singaporeans.
Conclusion
11. Madam, in conclusion, the shift to digitalise the LPA is an important step in making it more accessible to every segment of our population. But we need to ensure that the less tech-savvy have easy access to the process, and there must be robust safeguards to prevent fraud.
12. With that, I support the Bill.
