APPOINTING DEPUTIES UNDER MENTAL CAPACITY ACT SINGAPORE – FEES FROM $2900
For persons who already lack mental capacity, and who do not have an LPA, the Act empowers the Court the power to appoint a deputy or deputies to make decisions and act on behalf of a person (P) who lacks mental capacity.
What is the Mental Capacity Act?
The Mental Capacity Act was passed in Parliament in 2008 to allow a person to appoint family members or persons whom they can trust to make decisions on their behalf if they lose their mental capacity in the future.
The Act encourages Singaporeans who wish to make advance plans for themselves to do so through the Lasting Power of Attorney (LPA). With the LPA, an individual (known as the “donor”) can appoint a person (known as a “donee”) to make decisions relating to his property and financial affairs, personal welfare, healthcare when he loses his mental capacity.
It is strongly recommended that everyone should make an LPA while they still have the mental capacity to make their own decisions. You can appoint your donee(s) to make decisions for you in your personal welfare and/or property matters. The donee(s) should be people you trust.
However, for persons who already lack mental capacity, and who do not have an LPA, the Act empowers the Court the power to appoint a deputy or deputies to make decisions and act on behalf of a person (P) who lacks mental capacity.
A deputy is a court-appointed individual who is granted specific powers by the Court to make decisions for the benefit and welfare of P, as P would if P still has the mental capacity.
Apart from taking care of P’s personal needs and financial affairs, the deputy is also required to submit an annual report to the Office of Public Guardian to explain what decisions he/she had made for P and how he/she had used P’s monies for the benefit of P.
Who are persons with the inability to make decisions?
A person is unable to decide for himself if he is unable to:
understand the information relevant to the decision;
retain that information;
use or weigh that information as part of the process of making the decision; or
communicate his decision (whether by talking, using sign language or any other means).
If a person loses his mental capacity before he has a chance to make a Lasting Power of Attorney, the Act requires that a Court order be granted to allow someone to act on that person’s behalf. The person (called a Deputy) is then authorized by the court order to make decisions and to sign documents on behalf of the person who has lost mental capacity.
At PKWA Law, our Family Lawyers frequently act for family members to do up their LPA or to apply to the court to appoint a Deputy under the Mental Capacity Act. Our fees for an MCA application start at $2900.
Summary of our Fees for an Application under the Mental Capacity Act to Appoint a Deputy.
$2,900 – iFAMS application (restricted to use of monies below $60,000).
$3,900 – regular applications (where use of monies can be above $60,000).
Our fees are not applicable if there is a dispute among family members.
Disbursements and GST are payable.
Application takes about 6 months.
Contact us at tel 6854-5336 for a free first consultation.
PKWA Law has been recognised as one of “Singapore’s Best Law Firms” in 2021 by the Straits Times. Our lawyers are also consistently ranked as leading family lawyers by respected publications such as the Asian Legal Business, Benchmark Litigation Asia Pacific and Doyles’ Guide.