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12 February 2020

Assessing Mental Capacity: BUV v BUU [2019] SGHCF 15 [Case Comment]

Gary Chan Kok Yew

Published on e-First 12 February 2020

The assessment of the mental capacity of an elderly person (“P”) is central to the framework under the Mental Capacity Act (Cap 177A, 2010 Rev Ed). This case note discusses the clinical diagnosis and functional aspects of mental capacity and evidence needed to assess P’s mental capacity; the importance of examining the functional abilities for particular decisions to be made and how they are applied to P’s decision to execute legal documents; the extent to which assistance may be provided to P to make decisions; and the impact of undue influence on mental capacity.