Illustrations
The wellbeing of X is unreasonably deprived in the following situations:
- (a) X is wheelchair‑bound and does not lack mental capacity. X is prescribed medication to prevent serious deterioration of his health. X’s caregiver, Y, prevents X from taking the medication by hiding it in a cupboard beyond X’s reach. Y’s conduct has an adverse effect on X’s physical health.
- (b) X is unable to dress herself. Y, her caregiver, does not dress X after bathing her. Despite X’s protests, Y leaves her unclothed in a room with the windows open so that X is in full view of neighbours walking past the flat. The flat is situated along a common corridor to which members of the public have access. X is deprived of her personal dignity.
- (c) X’s family member, Y, controls all of X’s daily living activities (including eating, drinking, bathing, toileting and the programmes X watches on the television or listens to on the radio) and refuses to allow X to have contact with any other person or to receive visitors. Y’s control over X’s day‑to‑day life and social relationships has an adverse effect on X’s emotional health.
“working day” excludes any Sunday and public holiday.
(2) In this Act, an individual or a vulnerable adult who lacks mental capacity or who is assessed to lack mental capacity is an individual or a vulnerable adult who lacks capacity or is assessed to lack capacity (as the case may be) within the meaning of section 4 of the Mental Capacity Act.
Administration of Act
3.—(1) The Director is, subject to the general or special directions of the Minister, responsible for the administration of this Act.
(2) The Director may appoint any public officer with suitable qualifications and experience as a protector under this Act.
(3) The Director may appoint a suitably qualified individual as an approved welfare officer to exercise the powers of an approved welfare officer under this Act as directed by the Director or a protector.
