Loss of Mental Capacity

What is a deputyship application?

If a person did not make a Lasting Power of Attorney (LPA) and subsequently loses mental capacity, their family members may apply to the Family Court to appoint a “Deputy” tasked with representing and managing the individual’s personal welfare and/or property and affairs. This process typically involves the submission of various documents and may take several months for the court to issue the Deputyship order.

A doctor has to certify that the person lacks mental capacity to make decisions due to an impairment of or disturbance in the functioning of the mind or brain.

A deputy is thus an individual appointed by the Family Court under the Mental Capacity Act to make decisions on behalf of a person who lacks mental capacity and who has not made a LPA. A deputy is typically a family member.

How is loss of mental capacity defined?

A doctor has to certify that the person lacks mental capacity due to an impairment of the brain. The law indicates that a person has a lack of mental capacity when they cannot:

• 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 their decision (whether by talking, using sign language or any other means).

Specialists in deputyship applications

PKWA family lawyers act for families who wish to apply for a deputyship order.  Our family lawyers are consistently named as leading Singapore lawyers by the Straits Times, Benchmark Litigation, Asian Legal Business, Singapore Business Review and Doyle’s Guide. Our firm has more than 100 employees and 30 years of history. Our clients include all the major banks such as DBS, UOB, OCBC and Maybank. We are a safe and trusted choice.

Our fees are fixed, clear and transparent from the outset.  We offer a free initial consultation to understand your situation.