Deputyship allows someone to manage the affairs of a person who has lost mental capacity. In Singapore, the Mental Capacity Act (MCA) governs this process, while the Family Justice Courts oversee it.
If a loved one cannot make decisions due to dementia, brain injury, or a mental illness—and they did not prepare a Lasting Power of Attorney (LPA)—you may need to apply for deputyship to help manage their personal and financial matters.
This guide explains what deputyship is, who can apply, and how the process works in Singapore.
What is Deputyship?
A Deputy is a court-appointed person who makes decisions on behalf of someone who lacks mental capacity.
Deputies may handle:
- Finances – Paying bills, accessing bank accounts, and managing assets
- Personal welfare – Deciding on medical treatments and living arrangements
Unlike an LPA, which people prepare in advance, deputyship applies when no prior arrangements exist, and the person has already lost capacity.
Since the individual can no longer make decisions for themselves, a Deputy must step in to act in their best interests. This ensures that their financial and personal matters are well taken care of.
Who Can Be a Deputy?
The court appoints a Deputy based on suitability. Common candidates include:
- Family members (spouse, child, sibling, etc.)
- Close friends
- Professional Deputies (lawyers, accountants, or trust companies)
However, the court does not appoint just anyone. Instead, it ensures that the Deputy is responsible and capable of acting in the best interests of the person they represent. Furthermore, the Deputy must not have any conflicts of interest that could affect their ability to make fair and proper decisions.
How to Apply for Deputyship
Applying for deputyship involves several important steps. Although the process may seem complex, breaking it down into manageable stages makes it easier to understand.
Step 1: Get a Medical Report
First, a doctor must assess and confirm that the person lacks mental capacity before you apply. Without this confirmation, the court will not process the application.
Step 2: File an Application in Court
Next, you must submit several legal forms, including:
- Originating Summons (OS) – A formal request to the court
- Supporting Affidavit – A document explaining your relationship with the person and why you should serve as the Deputy
- Medical Report Form – A report proving the person’s incapacity
To streamline the process, you must file these documents through the Integrated Family Application Management System (iFAMS).
Step 3: Court Review & Hearing
Once the court receives your application, it will review the details carefully. If no one objects, the process remains straightforward. However, if family members disagree on who should be the Deputy, the court may schedule a hearing to settle the dispute.
Step 4: Receive the Deputyship Order
If the court approves the application, it will issue an order outlining the Deputy’s powers and responsibilities. This order serves as the legal document that allows you to manage the person’s affairs.
Duties of a Deputy
Being a Deputy comes with great responsibility. In addition to making important decisions, you must always act in the best interests of the person you are helping. Some of the key responsibilities include:
- Managing finances responsibly – Keeping records of expenses and ensuring proper fund usage
- Following court orders – Staying within the legal limits set by the court
- Seeking court approval for major decisions – Getting permission before selling property or making significant investments
Moreover, if you are handling financial matters, the court may require you to submit annual reports for transparency. This ensures accountability and prevents any misuse of funds.
Common Challenges in Deputyship
Although deputyship helps protect individuals who lack mental capacity, it can also present several challenges. Here are some common difficulties that may arise:
- Family Disputes – If multiple family members want to serve as Deputy, the court will choose the most suitable candidate. Unfortunately, disagreements can cause delays in the process.
- Handling Complex Finances – Managing large assets can be complicated, so seeking professional advice may be necessary.
- Failing to Fulfill Responsibilities – Deputies who misuse funds or neglect their duties may face removal and legal consequences. Therefore, it is essential to act responsibly at all times.
Since these challenges can cause delays and legal issues, it is crucial to understand your responsibilities fully before applying for deputyship.
Alternatives to Deputyship
While deputyship is a helpful legal solution, it is not always the best option. In fact, one of the best ways to avoid the need for deputyship is to prepare a Lasting Power of Attorney (LPA) in advance.
By making an LPA while still mentally capable, an individual can choose a trusted person to act on their behalf if they lose capacity in the future. As a result, this eliminates the need for court intervention and simplifies the entire process.
Conclusion
Deputyship plays a crucial role in protecting individuals who cannot make decisions for themselves. However, the application process can be complex and time-consuming. To ensure a smooth experience, it is important to understand the legal requirements and prepare accordingly.
If you need legal guidance on deputyship matters, Adel Law LLC can help. Contact us today for expert advice.
