Deputyship & MCA Applications

Why Deputyship May Be Necessary

An LPA allows a person to appoint trusted individuals to make decisions on their behalf while they still have mental capacity. Once mental capacity is lost, it is no longer legally possible to create an LPA. This is because the law requires the donor of an LPA to fully understand the nature and consequences of the document at the time of signing.

Where no LPA exists, the Family Court must step in to appoint a Deputy.

This court-appointed safeguard ensures that decisions are made lawfully and in the best interests of the incapacitated person, rather than leaving family members to act without authority.

Deputyship may be required to:

• Manage bank accounts, CPF funds, or investments
• Pay medical, nursing, or care expenses
• Make healthcare and personal welfare decisions
• Sell or manage property if necessary

What Does Mental Capacity Mean?

Under the MCA, a person lacks mental capacity if they are unable to:

• Understand information relevant to a decision
• Retain that information long enough to make the decision
• Use or weigh the information as part of the decision-making process
• Communicate their decision, whether verbally, in writing, or by other means

A registered medical practitioner must assess and certify that these criteria are met before the Family Court will consider a deputyship application.

How Long Does the Deputyship Process Take

Deputyship applications often take 6 to 12 months to complete. They take a fairly long time because they involve multiple safeguards designed to protect vulnerable individuals. These include:

• Obtaining detailed medical reports confirming loss of mental capacity
• Preparing affidavits setting out family relationships, financial circumstances, and proposed powers
• Giving notice to relevant family members, who are entitled to be informed or raise objections
• Court review to ensure the proposed deputy is suitable and the requested powers are proportionate

These steps are essential to prevent abuse, conflicts of interest, or misuse of the incapacitated person’s assets.

Simplified vs Standard Deputyship Process

Singapore provides two possible routes, depending on the complexity of the case.

Simplified Deputyship (via iFAMS)

This route is less commonly used due to its limited scope:

• All relevant parties must consent
• Orders are restricted, for example allowing withdrawal of up to SGD 80,000
• Typically resolved within 4 to 6 weeks

Standard Deputyship (via eLitigation):

This is the more common route:

• Used where broader powers are needed or where consent is not unanimous
• Suitable for managing property, larger sums of money, or long-term care decisions
• Usually takes about 3 to 4 months from date of filing

The Deputy’s Role and Legal Responsibilities

A Deputy is appointed by the Family Court and is usually a close family member or, in some cases, an independent professional. Deputies must:

• Act strictly in the best interests of the incapacitated person
• Use powers only within the scope granted by the court
• Keep proper records and submit annual reports to the Office of the Public Guardian
• Avoid conflicts of interest and comply with ongoing oversight
• Deputyship is therefore a position of trust, accountability, and legal responsibility.

How PKWA Law Can Help – Clear, Fixed Fees

At PKWA Law, we prioritise both legal excellence and client care:

• Fixed and transparent fees, so you know what to expect from the outset
• Recognised by The Straits Times, Benchmark Litigation, Asian Legal Business, Singapore Business Review, and Doyle’s Guide
• A dedicated family law team experienced in both simplified and standard deputyship applications
• We explain each step clearly, manage timelines realistically, and handle the procedural burden so families can focus on caregiving.

The Right Support at a Difficult Time

When someone you love can no longer make decisions for themselves, deputyship provides the legal framework to protect their dignity, welfare, and financial security – with proper accountability and peace of mind for the whole family.

Free Initial Consultation

If you are unsure where to begin, we are here to help. Speak to our lawyers for a free initial consultation and we will guide you through your options clearly and without obligation.