Tan Chuan-Jin
Singapore
“A step-parent who wishes to leave any part of his or her estate to a stepchild is encouraged to make a will. Intestacy law would apply in cases where a person passes on without a will.”
“Last year, we reviewed and extended the Child Development Account, or CDA benefits to children of unwed parents. The Government granted CDA benefits, to children of unwed parents born, or with an estimated date of delivery, from 1 September 2016. It is generally good practice to implement our policies prospectively.”
“The Ministry of Social and Family Development (MSF) does not track the number of persons who choose to remain homeless instead of being admitted into shelters. When MSF receives information on persons who may be homeless, we initiate contact with these persons on the ground to offer assistance.”
“Our law places the child's welfare and interests at the heart of an adoption decision. We must not forget that such an adoption is a life-changing event because when an unwed mother adopts her child, the duties, obligations and liabilities of the biological father are terminated.”
“The Early Childhood Development Agency (ECDA) works closely with the Housing and Development Board (HDB) to plan for preschools in upcoming Build-To-Order (BTO) developments, including Bidadari new town. To better meet the needs of young parents, new preschools will have larger capacities and also be completed earlier where possible.”
“The Silver Support Scheme under the Manpower Ministry provides an income supplement to seniors who had low incomes through life and who now have little or no family support. Beyond ComCare, we are also expanding upstream intervention to strengthen the resilience of vulnerable families and their children to set a good foundation.”
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“We want to assure Members that we fully understand the dilemmas that you have brought to bear and because of many of the cases that Members have seen. In the vast majority of cases, we do not face the problem but, obviously, these cases, when they do surface, can be quite dramatic and they seize the public imagination. But it is a fine balance to strike. On the one hand, it is important to respect the individual; on the other hand, we also need to be sufficiently rigorous to protect the individual as well. Ms Denise Phua expressed concern about the retiring of the PG Board, although the Chairman of the PG Board had made this recommendation. Ms Sylvia Lim also asked why the Ministry has done away with the requirements for an annual report. I want to assure Members that we have considered this very carefully before deciding to make this move and I have explained earlier in my opening speech. The PG Board was established to scrutinise and to review the way in which the PG's functions were discharged when the MCA was a relatively new piece of legislation. With the Board's help, we have improved various internal processes and guidelines for OPG to operate effectively. The Board also assisted OPG in establishing links, which Members have rightly pointed out, is really important, not only with key stakeholders like the Law Society and College of Family Physicians, but also at the customer front-ends, such as the CPF, the grassroots and many other stakeholders. Based on these improvements, the Chairman himself felt that they have achieved the objectives and could be dissolved. After examining their proposal thoroughly, I have agreed with the recommendation. What we are doing is to reconstitute the PG Board into an Advisory Panel that does not compromise checks and balances.”
“This is no guarantee that they would do it, but that is something that we are putting in place. OPG checks LPA applications to ensure that they comply with the legal requirements set out in the MCA and Regulations. As I have highlighted, OPG typically does not question the donor's choice of donee – whether the donee is a family member, as in most cases, or a professional – because the donor is deemed to have mental capacity. The donor must also get a certificate issuer to certify that the donor understands the purpose of the LPA and the scope of the authority conferred on donees in the LPA and that no fraud or undue pressure was used to induce the donor to make the LPA. As I have shared earlier, each case has its unique circumstances. We do not believe it is appropriate for the PG to raise red flags just because the donee is a foreigner or not a relative. The PG should not, I believe, act as an arbiter of another's choices. Again, just to reiterate, the core principle of the MCA is to respect the choice of a person who has mental capacity. The registry of the LPAs is a confidential registry, similar to the Wills Registry. It would be inappropriate for PG to share information about the donor's LPA with the donor's family members. What we can do is to encourage the donor himself to share the information with his family members. What we can do and have done is this: to encourage them not just to talk to the family members and, hopefully, in the process, to choose a donee wisely. The PG will only step in and, rightly so, when the donee is not acting in the donor's best interests and has no one else to intervene. The MCA also provides for whistle-blower protection to those who report potential abuse.”
“Mr Vikram Nair asked if the OPG is resourced to investigate complaints and about access to Courts. We will certainly be monitoring the volume of complaints and resource the OPG appropriately. We are also amending the MCA to introduce an Assistant PG and allow the PG to engage auditors to assist with investigations. As to access to Court, apart from PG, concerned others can apply to Court. While permission is required for non-family members, the process is similar to that for PG. Ms Joan Pereira also asked how members of the public will know whether a donee or deputy has been suspended. The information on suspended or revoked LPAs is available on OPG's website after the information is received from the Family Justice Courts. It would also be prudent to request to search Court records for the latest status on the validity of a Court order appointing a deputy. Ms Denise Phua, Ms Sylvia Lim and Ms Joan Pereira asked if OPG can do more to check LPA applications, particularly for "high-risk" cases. Ms Sylvia Lim asked if the option to notify main persons could be reinserted into the standard LPA form. The option was there previously, as highlighted by Ms Sylvia Lim. It was taken out in large part as less than 1% of the donors use this option. Paradoxically, I fully understand and I agree with the concern, that if the intent of the option was really to protect against undue influence, a donor who is unduly influenced, is very unlikely to notify anyone. Even if he or she did, he or she probably would not be notifying the correct persons. What we hope to do is, in terms of the prompt, to advise them to speak to their family, brief them on their LPA arrangements so that, at least, they can understand.”
“Members supported the amendments to enable pre-emptive action to protect individuals from abuse by their proxy decision-makers, but had some concerns. I will address the concerns, but let me first reiterate that the fundamental principle of the MCA is to respect the decisions of a person who has mental capacity, and this is something that Ms Jessica Tan had also highlighted. It is important for us to remember that we may not always agree with the decision, we may think the decision is unwise, but if they still retain their full mental faculties, that is something that we have to respect. It is the same way as they make wills, individuals who make wills out of different individuals and we have to respect them. Ms Joan Pereira and Assoc Prof Fatimah Lateef asked about how and how long it would take to suspend an unsuitable donee or deputy. The process involves preparing an application that is supported by sworn statements from the witnesses, to prove that it is necessary for the Court to suspend the donee's or deputy's powers. The duration of this process will largely depend on the complexity and evidence provided. Where there is an urgent need for protection, the OPG will expedite the filing of the Court application and ask the Court to hear their application on an urgent basis. The order will then continue until the donee or deputy applies to set it aside, or until a further Court order, whichever is earlier. If there is a suspension order, the Court may also place limits on what can be withdrawn by the donee or deputy for the day-to-day living and medical expenses of the person without capacity. In this same way, the same level of care can be provided as before the suspension order.”
“When a professional deputy applies to Court, the Court would have to evaluate, based on the circumstances of the case, whether it is appropriate to appoint that professional as the person's deputy. Minimally, the professional deputy must be registered with the PG and unrelated to the person who lacks mental capacity. In addition, as Ms Rahayu Mahzam noted, the Court could also appoint a professional deputy if it is satisfied that the significant others are unwilling, unable or unsuitable to act, especially if there are family disputes. And as we all know, that happens. On a related point on safeguards, Assoc Prof Fatimah Lateef also asked if an Independent Mental Capacity Advocate – or the IMCA – service could be considered in Singapore. This is an advocacy service provided in the UK to those without deputies, donees and family support. We did consider this quite carefully when we first introduced the MCA. We believed then and we still do now, that we have sufficiently protected mentally incapacitated persons. Section 7 of the MCA allows for professionals, such as doctors and caregivers, to act in the best interest of the incapacitated person. They can consult those who know the mentally-incapacitated persons to better understand their wishes. In this way, we enable professionals and caregivers to care for the incapacitated confidently, while avoiding unnecessary costs and complexity. Where it is really necessary, professional deputies may be appointed. The passing of these amendments is the first step towards regulating the professional deputy and donee sector. We will consult stakeholders and relevant professional bodies extensively before finalising the details, which will be promulgated in subsidiary legislation.”
“I want to assure Members that my Ministry will work with partners to ensure that pro bono, low-cost services or financial assistance are readily available for the low-income, for those who need it but are not able to afford it. We think that controlling fees right at the onset might not be the best way to keep prices affordable. A fee cap could remove the incentive for service providers to charge competitive rates and stunt the growth of services for differing needs and circumstances. As Members realise, every individual comes with a very different context and there might be different types of services required, thereby, requiring different charges. It may also deter competent service providers from entering if the fee cap is set wrongly, especially. Moreover, with regard to Mr Dennis Tan's question, the remuneration a professional deputy may claim also depends on what the Court deems fit in his case. So, the Court will also have to apply itself to assess whether the remuneration is appropriate or not. Mr Vikram Nair asked if there will be standardised LPA forms and fee guidelines for professional donees. As the donor may wish to give specific powers to the donee, we are not sure if it is advisable to have standardised forms. The donor and the donee should also be free to decide on the fee arrangements. After all, this is when the donor has his full mental faculties and he should be able to decide for himself what he is prepared to pay and what are the arrangements he would like to put in place with the donee. Third, Ms Joan Pereira asked how the Court would decide on which professional deputy to appoint.”
“And, certainly, what is important is that we are also looking into training programmes to ensure competency. Through that process, through training programmes, possibly, we may also detect if the individuals are not suitable, and we may then not register them accordingly. Mr Louis Ng wished to clarify if all professional donees must register with the PG. The short answer is no. But this is not to say they will not be regulated. We envisage two categories of professional donees. The first comprises persons who have been registered with the PG as professional deputies. The second comprises persons who fall under a prescribed class. We intend to keep this class very narrow and, for now, we are contemplating only licensed trust companies. Simply, they can already act as donees and deputies under the MCA today. They are tightly regulated by the Monetary Authority of Singapore(MAS) under the Trust Companies Act. As such, professional donees will be regulated, either by the PG, as they are also professional deputies, or by the MAS, for licensed trust companies. Assoc Prof Fatimah Lateef and Mr Louis Ng asked if nursing homes and VWOs can serve as deputies to their clients. We prefer that they do not do so. Doing so could create a potential conflict of interest where they can decide to procure and charge for their own services. It would really be better if an independent professional deputy was appointed, if needed. Second, several Members, in fact, a number of Members, have expressed concern about the fees professional donees and deputies may charge. In fact, this is one area I was concerned about as well.”
“Sir, I thank Members for their participation in today's debate and the very useful considerations and suggestions, especially from Mr Vikram Nair. These are points that we will definitely take into consideration when we look at the regulatory framework. We will also be consulting widely. The inputs today have been quite useful and we do urge Members to continue to provide us with more details should you have other suggestions. Members have supported the introduction of "professional donees" and "professional deputies". I think we all recognise that given the trends going forward, this is something that we all need. Members have also raised concerns, fair concerns and things that we were also pre-occupied with when preparing these amendments. Let me address them. First, several Members, including Assoc Prof Fatimah Lateef, Mr Louis Ng, Ms Rahayu Mahzam, Mr Dennis Tan and Ms Jessica Tan highlighted that there must be proper rules and also training for professional donees and deputies. And I fully agree. We need to make sure that not only are they qualified but they are also suitable. I am not sure whether it is easy as Mr Dennis Tan has suggested, in terms of attitudes, to assess that. But those are factors that highlighted the importance of making sure that due diligence is put in place to pick the right donees and deputies. We do intend to put in place a robust set of criteria for those who wish to register with the OPG as a professional deputy. Our initial thinking is this: that the person must be of sound financial standing, must not have a criminal record; if the person belongs to a professional body, he or she should not have any disciplinary action taken against him; lastly, he or she must have sufficient experience as a deputy or in a related field.”
“To this end, I urge more Singaporeans to think about their future, make plans and do up an LPA. This will help make the care-giving journey easier for your family members. This mirror also reflects on the professional communities. As our population ages, we need more professionals willing to step up to serve as professional donees and deputies. The role of the Government is to create regulatory frameworks, such as the MCA, to allow us to live the best life possible, whatever our circumstances – in sickness and in health, in wealth or poverty, compos mentis or not. But the MCA can only contain so much. Mdm Speaker, I said earlier that the MCA is merely writing into law what we feel in our bones. What is our collective understanding about the duty owed to the elderly and to respect the wishes of the mentally incapacitated among us? What is our joint action on the policy initiatives and family and community effort? The most vulnerable members in our society – the individuals who lack mental capacity − are often the most invisible. Our duty is to protect them, to respect their wishes and to enable them to live with dignity. Mdm Speaker, I beg to move. [(proc text) Question proposed. (proc text)] 5.15 pm”
“The parents are grateful for the help extended. They initially hesitated due to concerns about cost and complexity of the process. But they realised that their fears were unfounded. Immediately after the Court hearing was over, one set of parents came out of the courtroom and thanked everyone involved. In another case, the whole family got involved. While the parents became deputies, the MINDS student's two older brothers who were in their 20s, became successor deputies. As successor deputies, they could take over from their parents should the need arise. This is a good thing. We are very heartened by the experience, but we know that there is much work that needs to be done in this area. We are now working with MINDS to put in place a systematic process for every year's graduating cohort of students with intellectual disabilities. We also hope to start work to look at those who have already graduated, as well as cover other forms of relevant disabilities, including certain types of autism. We are also working with the Family Justice Courts on a user-friendly IT system to enable parents and laypersons to apply for deputyship orders without incurring high cost or hassle. Mdm Speaker, the MCA is not a law for older Singaporeans only. It is a mirror for all of us. It reflects the way we want to live, across the different phases of our lives and across the generations. How we treat our parents and family members; how we ourselves want to be treated with respect, with dignity; and when we are no longer the man or woman we once were, how we want the younger generation to step in to hold our hands and help us along. Not in the direction that they want, but to respect the decisions that we, in our better days, had decided for ourselves.”
“It is not easy to bring up a child with intellectual disabilities, especially if the caregivers themselves are getting older. An MSF officer told me about an elderly couple in their 70s. They have two children with intellectual disabilities, who are in their 30s and 40s. Their father is a lorry driver, their mother a full-time caregiver. They worry about their children's welfare when both of them are no longer around. They could will their assets to their children, but who will manage it for their benefit? Their case is urgent because they are no longer young. And these concerns are not uncommon. In fact, I think for many parents who have children with intellectual disabilities, this is one of their main areas of concern. We have been working hard to address the concerns of these parents. First, we have worked with the special needs community to set up the SNTC, which I mentioned earlier. This non-profit trust company enables parents to set aside money for their child in a trust account, so that the trust money will be used for the child's care needs when they, as parents, are no longer around. Money placed in the trust will be administered according to a care plan drawn up by the parents with the help of SNTC. This elderly couple signed up straightaway after hearing about the SNTC. They shared with us that their minds are definitely more at ease now, as SNTC will use their savings to implement their children's care plan after they pass on. We want to encourage more parents to make use of this service. The second thing we are doing is to help parents who have children with special needs to obtain deputyship orders more easily. We have piloted a project with MINDS for parents of MINDS students to obtain deputyship orders. Three cases have obtained Court orders so far.”
“This was something new to us and, to my knowledge, no board was ever set up in Singapore previously to specifically supervise the work of a public officer. But given that the MCA was an important and a new piece of legislation modelled after the English Mental Capacity Act, we thought it would be prudent to also follow England's practice of having a Board as well. The Chairman of the PG Board has now recommended to me that the existing Board be replaced with an administrative Advisory Panel. As OPG has reached a level of maturity in its operations, he noted that in 2012, even England's PG Board too, was dissolved after being in existence for about five years. Even as we replace the PG Board with an Advisory Panel, I think it is important to ensure that there are adequate checks and balances. First, the PG, like any other public officer in the Ministry, will continue to be accountable to the Minister. Appeals against decisions made by the PG can be made to the Minister. Ultimately, a judicial review and appeal through the Courts remain an option. Given these reasons and the checks and balances in place, I have agreed with the Chairman to replace the PG Board with an Advisory Panel. At this juncture, I wish to place on record our thanks to the PG Board for its contributions during these six years. They have guided the OPG in the implementation of the MCA and were instrumental in establishing OPG's links with the medical, legal and financial sectors. I mentioned earlier that the amendments introduced by this Bill will be complemented by policy initiatives that do not require legislative amendments. One such initiative involves helping families caring for adult children with intellectual disabilities.”
“And this is important because this will, in turn, help the persons who have lost mental capacity to access needed services. Let me go on to the final part of the amendments. We do want to improve the operations of the OPG to serve the public better. We are grateful to all those who made suggestions on how to do this. We have already made some changes based on feedback received, involving the simplifying of the LPA form. However, there are other improvements that require changes to the MCA. First, we have seen a sharp rise in the volume of LPAs registered with us. We expect this trend to continue as the population ages and as awareness increases. In fact, we do want this to happen. So, we will introduce an Assistant Public Guardian to assist the PG in carrying out his functions. The Assistant Public Guardian will exercise all the powers of the PG, except the power of delegation. The Assistant Public Guardian will be an MSF officer. Second, we also anticipate that the cases which the OPG has to investigate will become more complex, especially when fraud and financial exploitation have allegedly been committed against a donor with significant and different types of assets. The amendments will allow the PG to appoint an auditor to assist the PG in examining donees' and deputies' reports or any information obtained by the PG in the exercise of PG's investigative functions. The auditor appointed by the PG must be a public accountant registered under the Accountants Act. Third, we will repeal section 33 of the MCA which established the PG Board. When the MCA was first enacted, the PG Board was created to review the way in which the PG's functions were discharged and to report to the Minister.”
“Doing so will compromise PG's ability to render objective reports to the Courts when called upon to do so. The PG only steps in and, rightly so, when there is no family or friend to intervene for a donor who has lost capacity and the donee or deputy is not acting in his best interests. Having said that, we do want to encourage donors to not only choose their donees carefully but to discuss their wishes ahead with their loved ones. Hence, we have amended the LPA Information Sheet to encourage donors to inform their family members about their LPA. We believe that this would enhance family support if the LPA needs to be activated. Let me now move on to a different matter altogether. Besides making amendments to better protect individuals who lack capacity, we also want to improve commercial certainty for donees and third parties who transact using the LPA. Currently, section 16 of the MCA protects a donee or any third party who transacted with the donee, if they genuinely did not know that the LPA has not been validly created. An LPA could be invalidly created, for example, if the donee handling property and affairs is an undischarged bankrupt at the point when the LPA was made. The third party transacting with the donee may not know of the donee's bankruptcy, which renders the LPA invalidly created. So, section 16 protects a third party in this scenario. This Bill extends the current section 16 to situations where the donee or third party did not know that the LPA had been revoked or suspended. This amendment will also provide commercial certainty for subsequent transactions involving the donor's assets in such scenarios. With this amendment, businesses will have confidence to transact with donees using the LPAs as there would be sufficient commercial certainty.”
“Nip the problem in the bud at the LPA-making stage. For instance, make it mandatory for donors to inform their family members about their LPA, or give the PG the power to refuse the registration of an LPA if he suspects that the proposed donee is not a suitable candidate, or is not a family member. But I think it is important that we must remember that one of the fundamental principles of the MCA is that the decisions of a person who has mental capacity must be respected. Where do we draw the line if we do not respect that person's autonomy? The officers at OPG have encountered cases where both sides of the same donor's family have competing claims. In one case, the donor's daughter alleged that her brother had unduly influenced their mother to make an LPA appointing him as donee and restricted her access to their mother. According to her, he was eyeing their mother's property. On the other hand, the brother claimed that the relationship between mother and daughter was so estranged that their mother did not want to see her and never wanted to appoint his sister as a donee. So, who is right and who is wrong? In another case, a donor appointed a friend to be his donee, even though he had three children as well as extended family. His children complained to OPG, but it turned out that there was no evidence of undue influence. In fact, the children did not appear to play a big part in the donor's life at all. And the donee turned out to be his close childhood friend whom he trusts. So, these cases illustrate that each case has its unique circumstances. It is not for the PG to decide against a donor's wish. Neither is the PG the arbiter of another's choices, such as in appointing one child as donee and not the other.”
“We want to be able to suspend the deputy's powers while investigations are on-going. We cannot do it today. We must have a prior or concurrent Court application to revoke the deputyship order. However, it is not appropriate to apply for a revocation as the deputy has only been charged, but not yet found guilty and convicted by the Courts. With the amendment, we can now apply to Court to suspend the powers of the deputy without having to apply to revoke the deputyship order. We can, thus act pre-emptively and, hopefully, in a timely manner. Let me illustrate how these two amendments will work together to better protect donors who have lost capacity. I will use the facts that are already known to the public about the case involving Mdm Chung and former China tour guide, Yang Yin. But I will just be using the case as an illustration. I will not comment on any aspect of the case which is still on-going in the Courts and I will also not comment further than what I will say below. As is public knowledge, Yang Yin was charged with offences of falsifying receipts at his company and criminal breach of trust of monies belonging to Mdm Chung. In these kinds of cases, there is a cause for concern because the donee has been charged with an offence involving fraud or dishonesty and there is a risk of the donor's property being dissipated if nothing is done. In order to preserve the donor's assets, the proposed amendment will now allow an application to be made to the Court to suspend the LPA immediately, without having to apply for a revocation of the LPA. Once investigations are complete and if the donee is eventually convicted of the offences, the Court may then revoke the LPA. Some may suggest that we should be even more pre-emptive.”
“Let me now turn to enhancing the protection of those who lack mental capacity from abuse or exploitation and share what we have learnt after operating the MCA for six years. Members of the House will know of some of the cases we have encountered, where there were concerns about exploitative behaviour by donees. Some Members have also offered suggestions on how to improve the LPA framework to prevent such abuses from recurring. I am relieved to say that these cases actually only form a small minority and the law has taken its course in protecting the donors. Nonetheless, we have reviewed the matter and propose two key amendments to the MCA. The aim is to enable pre-emptive action, so that individuals who lack mental capacity can be better protected against abuse by their donees or deputies. First, the amendments will allow the Court to revoke a donee's or deputy's powers if there is significant risk of the donee or deputy abusing the person whom they have been appointed for. For instance, the risk of abuse would be significant, if the donee or deputy is convicted of an offence involving dishonesty or fraud. This offence could have been committed against some other person and not simply just the donor. However, the donor has no capacity. He is vulnerable. With the proposed amendments, the Court can pre-emptively revoke the donee's or deputy's appointment and eliminate chances of exploitation from happening. Second, the amendments will allow the Court to suspend the powers of a donee or deputy, even if no prior application was made to it. Let me explain how this works. Say, for example, a deputy has been charged with an offence involving fraud or dishonesty and there is a real risk that he will dissipate the assets of the person who lacks mental capacity.”
“The Bill will limit professional donees to two groups, namely, (a) professional deputies who are registered with the PG; and (b) certain prescribed classes of persons, such as licensed trust companies, which can already act as donees and deputies under the MCA today. Licensed trust companies are regulated by MAS under the Trust Companies Act. The passing of these amendments will just be the first step towards regulating the professional deputy and donee sector. We will consult the various stakeholders extensively before finalising the details. But the key principle behind the framework is this – mentally incapacitated persons are extremely vulnerable. Hence, the regulatory framework must ensure that a professional donee or deputy is competent, of suitable character and accountable to the relevant authorities for what he does. Members may have concerns about the fees that professional deputies and donees will charge and what will be done for those who need these services but are without means. I assure members that for these individuals, MSF will work with partners to ensure that pro bono or low-cost services are available, just like what we did in the pilot. Some may also ask why the Government does not provide doneeship and deputyship services. I do not think it is possible nor wise for the Government to be everyone's donee or deputy. It is certainly not appropriate for the Government to manage the assets and personal welfare matters of private individuals. Our role is to put in place an effective regulatory framework that enables these services to be provided, while protecting the interests of those without mental capacity.”
“It empowers such elderly, especially those with assets, to have a choice and to give more complex instructions as to their care should they lose capacity. Professional deputies are those who can provide deputyship services for a fee. They are appointed by the Court to act on behalf of individuals with assets who lack mental capacity and do not have family members or friends who can play the role of a deputy. We envisage that professional deputies would include licensed trust companies, as well as professionals, such as lawyers and accountants. They must not be related to the person they have been appointed for. A professional deputy must be registered with the Public Guardian (PG). We have not finalised the details of the registration framework and will be consulting stakeholders extensively before we do so. However, let me share some of our initial thoughts on how we think it will work. To be considered for registration, the professional deputy should not be a bankrupt. He should also have sufficient knowledge of the MCA and what a deputy's role and responsibilities are. The PG will be empowered to cancel the registration of a professional deputy, if certain events occur. One such event could be that the professional deputy becomes bankrupt or is convicted of an offence involving fraud or dishonesty. Upon cancelling registration, the PG can apply to Court for the professional deputy's appointment to be revoked. Unlike deputies, who are appointed by the Court after the individual has lost mental capacity, professional donees are chosen by the individual when he still has capacity.”
“One MSF officer recently recounted to me her visit to a Dementia Day Care Centre. Some of the elderly there were in the early stages of dementia and were still lucid. Among them were a few single elderly with no relatives or close friends. They had worked hard and saved carefully for their old age. But they were deeply anxious, as they had no suitable person to nominate as their donee. They were actually quite afraid about what would happen to their dignity and quality of life when they lose capacity. They did not want to become wards of the state. The officer told me that she cannot forget the worry and anxiety she saw in their eyes. The community has stepped forward to work with MSF on supporting a small number of such elderly who had no family support. About one-and-a-half years ago, we started work with public-spirited volunteers from the medical, legal, accounting and social work professions to form a panel of deputies. Once appointed by the Court as deputies, they helped to manage the affairs of the elderly persons and ensure that their finances are used for their care by setting up a trust with the MSF-funded Special Needs Trust Company (SNTC). This arrangement – which is in the pilot stage with five test cases – has worked well so far. In one case, the elderly lady who was helped could use her finances to upgrade to a better room in a nursing home. She was happy with this. She was even more joyous that she could resume attending her weekly church service, as she could now pay for her transport fees and other incidental costs. The number of elderly without next-of-kin will increase. In light of this, we intend to enable paid doneeship and deputyship services. The Bill thus introduces the concept of "professional donees" and "professional deputies".”
“In summary, the amendments aim to: (a) better prepare us for a future where there will be a need for professional donees and deputies to help those who do not have family or close friends to be their proxy decision-makers; (b) better protect individuals who lack mental capacity from being abused or exploited by their donees or deputies; (c) improve commercial certainty in the use of LPAs in transactions with third parties for the benefit of the donor; and (d) improve the operations of the OPG to serve the public better, by equipping the OPG to handle higher volumes of LPAs and more complex investigative work. In preparing this Bill, we have sought feedback from organisations in the legal, banking, insurance, medical and social service sectors, as well as members of the public. They have all provided very valuable insights and supported the proposed enhancements. We also studied the experience in some countries with a longer history of similar legislation, such as the UK and the US, particularly in Florida. These jurisdictions also have a more developed private sector to serve as professional donees and deputies. Besides these legislative amendments, we are also undertaking some policy initiatives that complement these amendments. I will elaborate more on these initiatives later. Families are a key source of support for our elderly. A large majority of donees and deputies today are family members. They have stepped up out of love and concern for the person whom they have been appointed for, and this is as it should be. However, there will be a small and increasing number of elderly singles or childless elderly couples who may not have family members or close friends to rely on to be their proxy decision-makers.”
“First, we respect the choices of a person who has mental capacity. We cannot assume a donor lacks capacity just because we think he or she could have made a better decision. This is so, even in respect of the choice of donee. Secondly, family should be the first line of support and the community should also play a part in supporting those who do not have familial support when they lose capacity. Third, the state must build a system with sufficient checks and balances to protect individuals who lack mental capacity from abuse or having their interest compromised. This has to be done without making access to LPAs too restrictive, which will defeat the purpose of the LPA in the first place. The MCA has been in operation for about six years now. During this time, the number of LPAs registered with the Office of the Public Guardian (OPG) has grown significantly from 480 in 2010, to 8,400 in 2015. But, honestly, this is still not enough. More of us need to make our LPAs. Over these past six years, we have also implemented the MCA framework. We have learnt useful lessons and it is timely to amend the MCA to meet emerging needs and strengthen its protection capability. Let me now draw the attention of the House to the key amendments which we are proposing to the MCA.”
“As a country, we have done well to provide the conditions for Singaporeans to enjoy increased longevity. Our average life expectancy is now about 83 years and increasing. However, one of the issues that may arise in old age is the loss of cognitive ability. A recent study by the Institute of Mental Health shows that the prevalence of dementia was 10% among persons 60 years and above. This means that out of 100 elderly persons, 10 might have dementia at some point. I understand that Minister Vivian, when he introduced the Mental Capacity Act (MCA) a number of years ago, asked the same question – imagine all of us in this House here, quite a number of us will have dementia. The question is, will we be ready when it happens to us? The loss of cognitive ability is, of course, not an issue that only affects older Singaporeans. Life, as we all know, is uncertain. Accidents and illnesses may rob us of our ability to make decisions at any time. The MCA is a key statute that empowers Singaporeans to plan ahead and make their wishes known. It is writing into law what we feel is in our bones – that is, to enable us to live meaningful and dignified lives, even if we lose our mental capacity. Passed in 2008, the MCA introduced the Lasting Power of Attorney (LPA). This is a legal instrument that allows each of us to choose someone we trust to make decisions for us, if and when we are no longer able to do so. We are called the "donor". The entrusted proxy decision-maker, who is usually a family member, is called the "donee". It also enables us to act in the best interests of our incapacitated loved ones. We can apply to Court to be appointed as "deputies" to act for our loved one who has lost capacity but has no LPA. The MCA is undergirded by three fundamental principles.”
“Mdm Speaker, I beg to move, "That the Bill be now read a Second time". With your permission, Mdm Speaker, may I ask the Clerks to distribute the documents that illustrate the points I am covering in my speech.”
“Mdm Speaker, the Partner Operator (POP) scheme, along with the Anchor Operator scheme, improves the availability of good quality and affordable early childhood services for parents. Over 30 childcare operators applied for the POP scheme through an open and competitive process. Out of these applicants, 23 were appointed in October 2015. Together, they run 169 POP centres offering a total of 16,500 places. The scheme is still relatively new. We will monitor its progress and evaluate its impact at a later stage, before considering whether to have a new round of applications. Besides the one-time fee reduction from January 2016, POP centres are also required to keep fees affordable and meet certain quality targets in the next few years.”
“Mdm Speaker, the Professional Conversion Programme is essentially for mid-career switches. Those who possess tertiary qualifications, they can enrol in the PCP for childcare teachers or kindergarten teachers. It is an accelerated programme delivered over 12 to 15 months and the range of different support that is available. The salary support is at about 90% of the basic monthly salary, capped at $4,000. Like I have said, the response has been encouraging. We do encourage individuals who are looking at mid-career switches to consider this as a viable profession. With regard to lowering the requirements for educarers, we constantly monitor that. We are mindful that it is really about the kind of thresholds that we want to set for the different educators and educarers. If, indeed, by adjusting some of the requirements, we could expand the numbers that can come on board, that is something that we would want to consider. It is always a balance. It is a balance between needing to meet the numbers but, at the same time, making sure that there is a list of basic level requirements to ensure certain standards are met. This is something that we are constantly reviewing, given the different dynamics at play.”
“I fully acknowledge the suggestions put forth by the Member. While we recognise that we need to increase the number of teachers to meet demand, I think it is important for us to maintain standards. I also recognise that there will be those who are educated abroad, trained abroad. I think ECDA will be quite happy to review the various considerations in taking them on board. Should they meet the requirements, we would be happy to take them in.”
“Mdm Speaker, I am fully aware of the Member's particular concern and we are working with her on a particular childcare centre in her area. We acknowledge that there are some areas where there are shortages simply because of demand in those particular areas. So, what we try to do is to work with the centres themselves to see whether we can accelerate the process of setting them up. In terms of recruitment and for the parents themselves, we will help them source for the next available centres that are as near as possible to their homes.”
“Mdm Speaker, we would be happy to take on board suggestions of how we could improve the image as well as the standing of the educators in this area. We will take on board some of these suggestions and we will see how we can implement some of them.”
“Mdm Speaker, with regard to the first question, the projection is in terms of looking at the number of students that are going to come online in the next couple of years. We also have a certain student-teacher ratio. That is the basis for the projection. In terms of enrolment rate, so far, what we find from the childcare centres, the number of childcare places, when you aggregate them as a whole, the enrolment rate is not at maximum. We actually do have some spare capacity. But what you find is that there are localised shortages. There are particular areas where you do have very high demand and where we may not have enough places. Overall, the numbers may look fine but that is scant consolation to parents because they are looking for places that are nearer their homes. This is where we are continuing to work with the various operators to make sure that the supply of teachers, educarers and so on are coming online. As for physical capacity, by and large, that is on track, but in some of the areas where there is high demand, we are also endeavouring to look at where we can set up, physically, new centres as well. This is something that we are working closely with the sector. By and large, I would say that, at the moment, the plans that we have in place, they do look encouraging but we need to constantly track that.”
“ECDA will continue to work closely with employers in the sector to attract and retain early childhood educators.”
“Mdm Speaker, there are around 15,000 early childhood educators today. Besides teachers, they include centre supervisors and infant educarers. The number has increased by over 1,000 in the past two years. At the national level, most operators have sufficient manpower to run their centres. However, with the rapid expansion of preschool capacity and the tight labour market, more employers have told Early Childhood Development Agency (ECDA) that they have found it more challenging to fill staff vacancies. Hence, over the next two to three years, ECDA projects the sector manpower to have to grow by another 1,500 in order to meet the needs for childcare. ECDA has, therefore, implemented various initiatives to attract and retain early childhood educators. First, it has expanded intakes for pre-service training courses, such as those at our Polytechnics. It is also providing more support to students through training awards and enhanced internships. Second, ECDA has many more opportunities, through professional conversion programmes for mid-career entrants to join the sector. Mid-career entrants can work, receive a salary and also attain their professional qualifications at the same time. The response on this front has been encouraging. Third, ECDA is doing more to retain in-service educators through better skills and career development opportunities. Last year, for example, ECDA launched the Professional Development Programme to equip educators with competencies needed for larger job roles. More recently, ECDA launched the SkillsFuture Study Awards for the early childhood sector to support aspiring centre leaders. While we have made some progress with these initiatives, the manpower situation for this sector will remain tight.”
“In 2014, the Open Door Fund (ODF) was enhanced and renamed the Open Door Programme (ODP). The ODP is supported by the Singapore Workforce Development Agency and the Ministry of Social and Family Development and administered by SG Enable. It encourages the employment of persons with disabilities, through a range of initiatives, including apprenticeships, training, job and workplace re-design. Since 2014, 140 companies have applied for ODP support for the employment of persons with disabilities. The average claim per company is $3,000. Besides the ODP, there are other initiatives to promote the employment of persons with disabilities. For example, SG Enable works with voluntary welfare organisation partners to provide job placement and support services for persons with disabilities. Collectively, they have placed about 650 persons with disabilities in employment over the past two years, some with the support of the ODP.”
“The Early Intervention Programme for Infants and Children (EIPIC) serves children with moderate to severe disabilities with speech delay, autism and other developmental needs. Subsidised by the Government, EIPIC services are available at 17 voluntary welfare organisations (VWOs) located across Singapore. About 2,600 children benefited from EIPIC in 2015. Of these, 6% were diagnosed with speech and language delays, and 47% were diagnosed with autism spectrum disorders (ASDs). Children currently have to wait an average of five to six months to enrol in an EIPIC centre. Some centres have a longer wait time due to parents' preferences. The Ministry of Social and Family Development will continue to work with VWOs to expand capacity to meet the demand. There will be 28% more EIPIC places, or a total of 3,200 places, by 2018. As children are best served in their natural settings, children with milder needs are served in mainstream preschools that offer the Development Support Programme (DSP). In 2015, about 1,200 children benefited from the DSP. The capacity and capability of these preschools will be further developed to meet demand.”
“The Ministry of Social and Family Development (MSF) established the Social Service Offices (SSOs) in 2013 to bring about more accessible and coordinated social help for Singaporeans. SSOs provide financial assistance to low-income families who need help. They also work with voluntary welfare organisations and community partners to coordinate social services within each Housing and Development Board (HDB) town. With the full network of 24 centres up, some 95% of SSO beneficiaries living in HDB towns can access an SSO within two kilometres of where they live or work. Based on a 2015 MSF survey, nine in 10 SSO beneficiaries were satisfied with the SSOs' location and service quality. SSOs are also working with community partners, such as the Family Service Centres, to better coordinate help for families with more complex needs. This is a work in progress. Part of it includes piloting new service delivery models. For example, the SSOs at Taman Jurong and Kreta Ayer offer financial assistance, employment assistance and family services under one roof. When delivering financial assistance, SSOs adopt a needs-based approach. The assistance can be classified into a few categories. In order of decreasing number of beneficiaries, these would be (a) short-to-medium-term assistance for those looking for work or are temporarily unable to work; (b) long-term assistance for those permanently unable to work; and (c) interim assistance for those who require immediate or one-off assistance. With better accessibility and greater awareness, SSOs have helped more Singaporeans. For example, the number of households that received ComCare short-to-medium term and long-term financial assistance has increased from 23,992 in financial year (FY) 2012 to 31,307 in FY2014. Page: 144”
“Other forms of assistance are also available to help those who have difficulties with housing, healthcare and education costs during a downturn. These include the temporary reduction or deferment of mortgage instalments for Housing and Development Board (HDB) flat owners who face short-term difficulties servicing their HDB loan, MediFund assistance for those unable to afford subsidised healthcare bills, and financial assistance for education-related costs for students from affected families. Some retrenched workers may need support to manage family issues triggered by financial stress. They can also approach the SSOs or other social help agencies, such as the Family Service Centres (FSCs) or their grassroots leaders. FSCs, which receive MSF funding, will support the retrenched workers and their families, through casework and counselling, to manage their stress and access appropriate assistance.”
“In the event of an economic downturn, different Government assistance schemes and Government-operated or funded services are available to help retrenched individuals and families in financial need. The Ministry of Manpower (MOM) and the Ministry of Social and Family Development (MSF) will work closely with relevant Government and community partners to ensure that those in need receive adequate and timely employment, financial and social assistance. To help retrenched workers find jobs, MOM will scale up employment assistance and training measures. These include place-and-train programmes to help Singaporeans re-skill to take on new jobs and the recently launched Career Support Programme to provide mature Singaporean professionals, managers and executives with greater opportunities to access mid-level and above jobs. The Workforce Development Agency's (WDA's) Jobs Bank is another avenue for individuals to access job opportunities. For individuals who require career coaching, counselling or training advisory services, WDA's Career Centres and the National Trades Union Congress' (NTUC's) Employment and Employability Institute (e2i) will organise employer networking sessions, job search related workshops and provide other relevant services. We will also help those unable to find a job immediately to upgrade their skills and become more employable. For Singaporeans who require financial assistance to tide over a difficult period, they can approach their nearest Social Service Office (SSO). MSF's officers will consider their individual or Page: 125 family circumstances. During a downturn, we will expand capacity and exercise greater flexibility in extending help through schemes such as the ComCare Short-to-Medium Term Assistance.”
“All parents of Singaporean children, regardless of their working status, are eligible for basic childcare subsidies. Other forms of support, such as the Baby Bonus Cash Gift and Child Development Account matched savings, are also available to help parents defray the cost of raising children. As working mothers have a greater need for childcare, we provide them added assistance in the form of additional childcare subsidies. We recognise that some mothers who are not working full-time may also need childcare services for various reasons. These reasons may include long-term illness, disability, retrenchment, training or skills upgrading or other extenuating circumstances, such as needing to care for other dependants in the family. For such cases, we exercise flexibility and consider their circumstances on a case-by-case basis for additional childcare subsidies. On this basis, 660 non-working mothers were provided additional childcare subsidies in 2015. This was out of 760 applicants.”
“Mdm Speaker, the MRO is to facilitate the legal process of the Courts and to bring to bear. There is a range of options available. Jail will be one option. Basically, the MRO would be directed by the Court to investigate and to find out the background to the individuals concerned, especially in cases where they are able to pay. If they are deemed to be able to pay and not actively paying their maintenance, that is when the Courts will enforce some of these measures. [(proc text) Question put, and agreed to. (proc text)] [(proc text) Bill accordingly read a Second time and committed to a Committee of the whole House. (proc text)] [(proc text) The House immediately resolved itself into a Committee on the Bill. – [Mr Tan Chuan-Jin]. (proc text)] [(proc text) Bill considered in Committee; reported without amendment; read a Third time and passed. (proc text)]”
“Mdm Speaker, as I had mentioned, there are many different vulnerable children. So, I hear the Member's point that it is not just all children who are affected by divorce. We do not have plans at this point in time to put all these children on a register. Like I said, the key thing is to make sure that the support programmes are in place, that assistance can be provided to children who are affected and for them or their families to come forward. I take the Member's perspective on whether this is something we should track. We are looking at the possibility of tracking individuals who are affected in different ways, not just by divorce but vulnerable in a different sense, because there is a long social tail of issues that can happen if the support is not provided and, indeed, whether some of these interventions should be brought to bear even if the individuals do not come forward. That is something that we are looking at but, at the present time, there are no immediate plans to put them on the register. We do recognise that vulnerable individuals, especially when they are young, do have serious concerns and whether we should play a much more active role on that front. That is something that we are looking at.”
“Mdm Speaker, the consideration we have is this: if the family members are perpetrators of violence, it would obviously not be appropriate for them to be involved in the application process. That is why we want to make sure that help is available for the concerned minor and that other adults can be brought to bear. Our Ministry can also direct individuals to support them. Where family violence is involved, it can be very emotive. Where a family member is the perpetrator, we want to make sure that other parties are able to advise and help them make the application.”
“Mdm Speaker, the Director of Social Welfare would be advised by the staff and that is the approach that we are taking for this.”
“Mdm Speaker, I fully understand the intent that Dr Lily Neo has raised in terms of maintaining a register for all children who are caught up in divorce. In fact, if we extend it further, there will be vulnerable children in other scenarios as well whom we should think about tracking. This is something that I have discussed with my colleagues in MSF, especially for troubled youths who have fallen afoul of the law, who have encountered problems, and whether we should track them and subsequently when they are looking at settling down, for example, do we also provide them counselling support and so on. As Members would realise, with the numbers of divorces taking place and children being affected, to maintain a register of the affected children and to track them over the years, it is quite a heavy responsibility. We do not plan to do this at this point in time. What we do want to make sure is that the support programmes are in place, whether by divorce or other circumstances. That means that for those who need help and support, counselling, support programmes, are available, so that they can provide both the children and the families support and for them to come forward to seek it when there is a need. To track them and to ensure that they are constantly being provided this support, that is a very different order of magnitude. At this point in time, we are not looking at that, but I take the Member's suggestion on-board. While we encourage individuals to come forward, we also encourage family members to bring them forward for these support programmes, should there be a need.”
“We will run all the necessary checks, so that we will try to minimise the burden on the women who are affected and then having the law to come in. That should have a salutary effect on those concerned. We will continue to keep a watch on this because we recognise that it is frustrating and difficult for the women involved and their families. As for the safety of crisis shelters, we hear the Member's perspectives. For those we feel are particularly vulnerable, we would place them in crisis shelters. We also conduct checks in terms of those families and other safe places where we put the children in. Basically, what we have is a graduated approach to security. For those who need a much more secure environment, we will make sure that crisis shelters are available for them. For the others, we have a slightly more step-down provision.”
“Mdm Speaker, with regard to whether we should extend MPP to all couples and not just minor couples, what we are looking at now is just minor couples. We believe that there are counselling, programmes and support made available for all couples who are seeking help or who are looking for support. At this moment, we do not envisage making it mandatory but what we do want to make sure is that the support programmes are in place for those who do need the support. For adult couples, we encourage them to come forward. We are not at that stage where we plan to make it mandatory for non-minor couples. With regard to the tribunal, that is one possibility. But we believe that the approach that we plan to take in terms of putting in the MRO, working with the Family Justice Courts, would be one way to address this issue. It is very much the responsibility of parents to see through their responsibilities. As we all know, there are those who fail to do it. I want to highlight again, it is important to remember, that while we encounter frustrating cases where individuals do not receive their maintenance, there are two scenarios. One, there are fathers who are not able to pay because of the circumstances in which they find themselves. It is important to remember that. And it is important for us to understand and to check to fully understand the background and extend the appropriate assistance. Page: 72 The latter group, which I have less sympathy for, are those who can pay but refuse to pay. Setting up a tribunal is one approach but actually the laws are in place. What we intend to do is to use the MRO to work the processes to make sure that it is as expeditious as possible.”
“Mdm Speaker, can I seek a clarification on the second question?”
“Our efforts obviously must not end with the legislative changes. We all have a collective responsibility to support good marriages and positive parent-child relationships. Strong families are indeed a haven for each and every child. 4.01 pm”
“A girl will only be admitted to a place of safety if the Director is satisfied it will be in her best interests, for example, if it is unsafe for the girl to remain with her immediate family or if she may engage in morally risky behaviours. Mr Louis Ng also asked if married minors who have suffered domestic violence can seek refuge at places of safety. Yes, they can seek accommodation and support from crisis shelters. Mr Alex Yam asked about incidents where the security of places of safety was compromised and measures to protect the residents and professionals. For the safety of their residents, crisis shelters are housed in secured premises with closed-circuit television cameras. Thus far, there have been no serious breaches. There were two instances of disturbances at the shelters known to MSF in the last couple of years. In both instances, the Police took swift action as the shelters had established good networks with them. No one was hurt in both incidents but I do take on-board the Member's concerns. In conclusion, Mdm Speaker, our family provides us meaning, hope, support and an anchor in life. The Women's Charter is a piece of legislation with historical significance that seeks to balance the interests of different groups – the rights and protection of spouses, ex-spouses and their Page: 71 children. Members such as Ms Jessica Tan have also reaffirmed its relevance. We will work closely with stakeholders as well as this House to shape our legislation to better reflect the changing Singapore society. At the same time, notwithstanding legislation, we will make sure that there are programmes in place to support Singaporeans who do have need for help. At the same time, I encourage families and the community to play an active role to support families in need.”
“Where there are doubts, the Registry of Marriages (ROM) staff will interview the couple separately and explain the consequences of entering into a marriage of convenience. We have found this useful, intervening at this stage. Also, the Registrar will not issue any marriage licence to the couple unless the Registrar is satisfied that the intended marriage meets the conditions under the Women's Charter. Mr Louis Ng asked if the decision to void a marriage should be subjected to the judicial process. Marriages are void only when at least one party is successfully charged and deemed guilty by the Courts under section 57C of the Immigration Act for entering into a marriage of convenience. Such cases would have been scrutinised through the judicial process. It is only consistent that such marriages are consequentially and automatically void, given that the act of entering into such a marriage is an offence. Mr Louis Ng suggested that all persons under 21 years be allowed to apply for a PPO and DEO for themselves against anyone in their household, without the need for parental consent. It would be in a minor's interests to have a reliable adult apply on their behalf. The application may be made by the parent who is not the perpetrator of violence. If the parents or guardians are themselves the violence perpetrators, a relative or any social worker appointed by the Minister, can step in, without the need for consent from the minor's parents or guardians. Mr Louis Ng also asked about the circumstances in which the Director of Social Welfare can detain vulnerable female minors aged 16 to 21 in places of safety. All cases which come to the attention of the Director are thoroughly investigated.”
“This is no different from the considerations for maintenance for wives and ex-wives, where they are also not automatically entitled to maintenance, as highlighted by some of the examples that we have mentioned earlier. To sum up, while we may review this in future, the proposal to extend maintenance only to incapacitated men is a calibrated measure. It strikes a balance at this stage of our societal development. As rightly pointed out by Er Dr Lee Bee Wah and Ms Sun Xueling, there must be a clear priority to better enforce maintenance payments and to improve the process. And, indeed, I fully agree with many Members who have cited many examples that they have come across. It is very agonising for an individual to repeatedly go to the Courts because the ex-spouse vindictively does not want to pay up. This is why the way we want to approach this is to set in place to introduce in the Courts the MRO which would take place later this year. The purpose of this officer is to assist Page: 70 the Courts to better assess if a defaulter is incorrigible and, therefore, allows the Courts to take firm action against him, if it is so. Let me assure the House that we are going to do more to stop such irresponsibility. We will also constantly and continually explore how to improve the processes and to make it less onerous for all those affected. This is something we recognise and we work closely with the Family Justice Courts on this as well. Let me now address the issue raised by Dr Lily Neo on upstream measures to prevent sham marriages. All couples marrying under the Women's Charter must undergo document verification and make a statutory declaration on matters relating to the intended marriage.”