Deputyship is when the Court grants an order to appoint someone known as a “deputy” under the Mental Capacity Act (MCA) to make decisions for the benefit and welfare of someone who is mentally incapacitated.
The person who lacks mental capacity is referred to as a “patient” under the MCA and by the Singapore Court.
The deputy is usually a close relative or loved one, to manage a patient’s personal welfare, affairs, and properties, because that patient has lost the ability to make decisions for himself or herself.
Definition of Loss of Mental Capacity
Loss of mental capacity here is defined as the patient having lost the ability to understand information pertaining to making decisions, retaining or remembering such information, evaluating the information as part of the decision-making process, and communicating that decision either orally, verbally, or visually.
Not surprisingly, the court relies on a medical doctor’s affidavit on the opinion of the mental capacity of the patient, made within 6 months from time of application. This doctor must be a relevant specialist and not a general practitioner.
Difference between Lasting Power of Attorney (LPA) and Deputyship
LAsting Power of Attorney
A Lasting Power of Attorney (LPA) , is a legal document registered with the Office of the Public Guardian that empowers an individual to designate trusted individuals who will act on their behalf if they were to lose mental capacity. This document must be created by the person, known as the donor, before any mental capacity is lost. The appointed individuals, known as donees are entrusted with making decisions in the best interests of the donor, ensuring their affairs are handled appropriately.
Court Appointed Deputy
If a patient loses mental capacity without having made an LPA beforehand, only the Court can grant a deputyship order to appoint a representative who can make decisions on behalf of the person lacking capacity. In such cases, the patient’s family members or caregivers can apply to the Court to seek the order. Alternatively, if the patient does not have any suitable next of kin or if their next of kin is unable to fulfill the role, Professional Deputies have the option to apply and be appointed as their Deputies.
PROCESS OF THE DEPUTYSHIP APPLICATION
Yuen Law has an abiding interest in family law matters and has vast experience with deputyship applications. We advise families on how to better prepare for the deputyship application to Court, and what the Court wishes to know in order to grant an order under the MCA, this includes:
- Who the immediate family members and primary caregivers of the patient are;
- Who the deputy will be;
- Health care and living arrangement of the patient;
- What the expected expenses of the patient are;
- Whether there is a need to apply for other relevant powers for the patient based on the patient’s circumstances (for example, powers relating to transfer of funds from bank account, making insurance claims, selling or renting the patient’s house).
Knowing the court requirements will help save valuable time, and ensure that the court application is smoother.
One critical thing you need to secure is the unanimous agreement of immediate family members in applying for deputyship as well as the choice of the prospective deputy. If such an agreement cannot be reached, one may find the deputyship application challenged in court. This instantly complicates the deputyship application process, and the application costs might increase very quickly, as the case will come become a contested.
The timeline for a deputyship application depends on the application complexity and the preparation of the prospective deputy. Do plan for at least 6 months to the grant of the deputyship order under the MCA.
Yuen Law has been consistently recognised as one of Singapore’s Best Law Firm for 3 consecutive years by The Straits Times in Family Law.
Our Family Practice headed by veteran lawyer Lim Fung Peen, is dedicated to offering compassionate guidance on Deputyship Applications to Court. Do contact us for further assistance.
Read more
- What is the Mental Capacity Act (MCA)?
- What does it mean to lose your mental capacity?
- Why you should make a Lasting Power of Attorney (LPA)
- What happens if I lose my mental capacity without having made a Lasting Power of Attorney (LPA)?
- When will a deputy be required?
- Who can apply to be a deputy?
- How can I be protected if my deputy or donee abuses his or her powers?
