Deputyship Applications in Singapore

Deputyship Applications in Singapore

When a loved one loses mental capacity and has not made a Lasting Power of Attorney (LPA), their family members may need to apply to the Family Justice Courts for a Deputyship Order.

A Deputyship Order appoints a trusted person — the deputy — to make legal, financial, and personal welfare decisions on behalf of the person who lacks mental capacity.

This guide explains what a deputyship is, who can apply, the process, and what to expect when making an application in Singapore.

What Is a Deputyship?

A Deputyship is a court order under the Mental Capacity Act (MCA) that allows someone to act on behalf of a person who can no longer make decisions due to conditions such as:

• Dementia or Alzheimer’s disease
• Severe intellectual disability
• Stroke, brain injury, or coma
• Mental illness

The deputy will have powers granted by the court to manage finances, property, and in some cases, personal welfare decisions.

Who Can Apply to Be a Deputy?

• Usually, a family member or close relative applies.
• Deputies must be at least 21 years old.
• More than one deputy can be appointed (e.g. siblings jointly caring for a parent).

The court’s priority is always the best interests of the person lacking capacity.

Deputyship vs Lasting Power of Attorney (LPA)

It is important to understand the difference:

• LPA: Made before mental capacity is lost. You choose your donee(s).
• Deputyship: Applied after capacity is lost. The court chooses the deputy.

Because deputyship requires court involvement, it is usually more time-consuming and costly than making an LPA. If your loved one still has capacity, it is advisable to make an LPA instead.

Types of Deputyship Applications

There are two main tracks in Singapore:

1. Simplified Track

• Available if the person’s total assets are worth S$80,000 or less.
• Application is made online via iFAMS (Integrated Family Application Management System).

Typically processed within 4–6 weeks.

2. Standard Track

This is the most common type of application.

• Required if assets exceed S$80,000 or if the case is more complex.
• Filed through the eLitigation system by a lawyer.
• Processing can take 3–4 months, depending on complexity and court schedule.

Steps in the Deputyship Application Process

1. Obtain a Medical Report

Confirming the person lacks mental capacity, issued by a registered doctor.

2.  Prepare Application Documents

Originating Summons, Supporting Affidavit, and Schedule of Assets.

3.  File the Application

Simplified track: directly on iFAMS.

Standard track: via lawyer through eLitigation.

4.  Notify Relevant Family Members

Certain relatives must be served notice of the application.

5.  Court Review

The court reviews whether the application is in the best interests of the person.

6. Deputyship Order Granted

Once approved, the order sets out the deputy’s powers and responsibilities.

Assisted Deputyship Application Programme (ADAP)

For families with children with intellectual disabilities turning 21, the Assisted Deputyship Application Programme (ADAP) simplifies the process:

• Lower costs compared to standard applications.
• Streamlined process in collaboration with social service agencies.
• Particularly helpful for parents who need legal authority to continue caring for adult children.

Deputy’s Duties After Appointment

Once appointed, a deputy must:

• Act in the best interests of the person.
• Keep proper accounts of financial transactions.
• Report to the Office of the Public Guardian (OPG) if required.

Deputies are not free to act however they wish — the court order limits their powers, and they remain accountable.

FAQs on Deputyship in Singapore

1. Do I always need a deputyship if my loved one lacks capacity?

Only if they did not make an LPA. If there is a valid LPA, the donee can act without court involvement.

2.  How long does the process take?

Simplified applications: about 4–6 weeks.

Standard applications: 3–4 months or longer if contested.

3.  Do I need a lawyer?

For the simplified track, you can file directly via iFAMS. For standard applications, it is strongly recommended to engage a lawyer as the process is more complex.

4.  Can there be more than one deputy?

Yes. The court may appoint multiple deputies to act jointly or separately.

5.  What powers will I have as a deputy?

This depends on the court order. Most deputies are authorised to handle financial matters, such as bank accounts, CPF, and property. Welfare decisions may also be included in some cases.

Conclusion: Getting Help With Deputyship

Applying for deputyship can feel overwhelming, especially when you are already caring for a loved one who has lost capacity. Understanding the process and preparing properly can save time, stress, and cost.

At PKWA Law, our experienced family lawyers regularly assist clients with both simplified and standard deputyship applications. We will guide you through every step, ensuring your application is handled smoothly and with care.

Contact us today for a consultation on deputyship applications in Singapore.