A new law is being planned to give Singaporeans a say over who will look after them if they lose their mind to dementia, illnesses or accidents.

The draft Mental Capacity Bill allows them to decide in advance who their guardian - known in legal terms as a donee - should be.

Parents of intellectually disabled children can also appoint caregivers who will take over the role of looking after the children if the parents die or become mentally incapacitated themselves. These caregivers, to be known as 'deputies', will have to be vetted by the court.

In both cases, the guardians will be allowed to make decisions concerning the day-to-day welfare, medical, money and property matters of their charges. Guardians, however, will be barred from taking decisions such as making or revoking a Central Provident Fund nomination, or an Advanced Medical Directive.

Community Development, Youth and Sports (MCYS) Minister Vivian Balakrishnan yesterday unveiled the first draft of the Bill, intended for public feedback until Oct 31.

The draft law comes on the back of a growing number of people suffering from dementia, expected to reach about 20,000 by 2012.

Already, the courts are having to deal with more families applying for a decision on who should look after a mentally incapacitated person. There were 228 cases last year, up from 188 in 2000.

The proposed changes will pre-empt the need for such applications by empowering people to decide in advance who should take care of them, said Dr Balakrishnan.

The decision will be entirely voluntary. The Bill sets out who can make decisions and in what kinds of situations, as well as how they should go about this.

'This is not a topic which we would like to think about, but unfortunately, it is something which people will have to confront,'' he said.

Social workers and lawyers applauded the proposed Bill, modelled after a similar law enacted in England and Wales in 2005.

It addresses the inadequacies of the current Mental Disorders and Treatment Act, which allows for guardians to be appointed only after a person has lost his mental capacity. Making a decision in advance would also prevent disputes later over who should take care of, say, the finances of someone who succumbs to dementia.

Dr Balakrishnan first mentioned the introduction of such legislation during the Budget debate in Parliament in March, while fielding queries from Members of Parliament on the rising numbers of elderly people suffering from dementia.

The names of guardians will be registered with a new Office of Public Guardians, expected to come under the MCYS.

It is likely that medical proof of mental incapacity has to be provided to this office before the guardian can start serving in the role. All decisions will also have to be taken in the 'best interests' of the person being served.

To prevent guardians from misusing their powers, the Government plans to criminalise wilful neglect or ill-treatment of a mentally incapacitated person. Those convicted can be jailed up to a year or fined up to $7,000, or both.

To find out more and provide feedback on the draft Bill, log on to www.reach.gov.sg