Hospital visitation and medical decision-making rights

Name and Constituency of Member of Parliament
Assoc Prof Dr Walter Theseira
Nominated MP

Question No. 1399

To ask the Minister for Health (a) whether, and on what basis, hospital visitation and medical decision-making rights are extended to a patient's unmarried partner; and (b) whether, and on what basis, these rights are applicable to unmarried partners of the same sex.

Answer

1       Hospital visitation by relatives and friends are allowed, subject to considerations such as the patient’s medical condition, visiting hours and restrictions on number of visitors at bedside to minimise disruptions.

2       Where the patient has mental capacity, decisions on his healthcare and treatment plans rests with the patient himself.  Under the Mental Capacity Act (MCA), individuals can make a Lasting Power of Attorney (LPA) to appoint anyone they trust as their donees, to make decisions relating to their personal welfare, in the event that they lose mental capacity.  Such donees can make decisions relating to the individuals’ healthcare and treatment, such as hospital visitation, but excludes certain key medical decisions, such as sterilisation and continuation or cessation of life-sustaining treatments.  A deputy may also be appointed by the court under MCA to make certain decisions on behalf of an individual who lacks mental capacity, when the individual has not made a LPA, and has no donee to make decisions on his behalf. 

3       In the absence of a donee or deputy, the doctor-in-charge would usually make decisions based on the best interests of patients under their care, but the court may have to make these decisions, if there is an unresolved conflict over what the best interests of the patients are.