Deputyship plays a crucial role when an individual can no longer make important decisions for themselves due to mental incapacity. In Singapore, the Family Court can appoint a deputy—usually a close family member or a trusted friend—to step in and act on behalf of the person. But what does this really mean, and when is it necessary to apply for deputyship?
A deputy is appointed when someone loses the mental ability to manage their own affairs, whether due to illness, injury, or other conditions affecting the brain. This can happen suddenly, such as after a severe accident, or progressively, as seen with dementia or Alzheimer’s disease. When a person, referred to as “P” in legal terms, is unable to make decisions about their personal welfare, property, or finances, a deputy becomes responsible for ensuring these decisions are made in their best interests.
The Mental Capacity Act in Singapore governs deputyship, providing a clear framework to ensure all decisions are made with care. Whether it’s managing P’s bank accounts, selling their property, or arranging necessary medical treatment, the appointed deputy acts under the court’s supervision to protect P’s well-being and assets.
Now, you might wonder when exactly you should consider applying for deputyship. If a loved one is no longer able to make decisions due to mental incapacity and has not set up a Lasting Power of Attorney (LPA), deputyship may be the necessary step. Without an LPA, there is no legal authority for family members or friends to make critical decisions for the person. In such cases, applying to the Family Court for deputyship is the only way forward.
However, becoming a deputy is a significant responsibility. The court carefully evaluates whether the individual applying for the role is suitable, considering factors such as their relationship with P and their ability to manage P’s affairs. A doctor’s certification is also required to confirm P’s lack of capacity before the court proceeds with the appointment.
In Singapore, the deputyship application process follows either a simplified or standard route. The simplified process is typically faster and less complex, suitable for straightforward cases where decisions are limited to a few areas, such as personal welfare. On the other hand, the standard process is more involved and used when multiple or ongoing decisions need to be made, such as managing significant financial assets.
Regardless of the process, it’s essential to seek legal guidance from professionals who understand the complexities of deputyship law. At ADEL LAW LLC, Mohammed Shakirin and his team have extensive experience with deputyship applications in Singapore. They can guide you through every step, from understanding your responsibilities as a deputy to ensuring the correct paperwork is submitted to the Family Court.
Applying for deputyship may seem overwhelming, but with the right support, it can be a smooth process that ultimately safeguards the well-being of your loved one. If you’re considering becoming a deputy or need help with the application, don’t hesitate to reach out for expert advice.
