How to Become a Deputy?

To understand the Court process for appointment of deputy, you should remember that this is a very important Court Order and much power is entrusted to the Deputy, and because of this the Family Justice Court scrutinizes every case closely and endeavors to ensure that the Patient will be protected as far as possible.

Documents that need to be filed with Court for the Deputyship Application

1) Originating Summons

State clearly what sort of powers is sought. Some of the basic powers that Deputies request for routine management of the Patient property and affairs include: 

1. General powers to sign documents and liaise with institutions on behalf of the individual;  
2. Creation of Deputy Bank Account, closing of the patient’s existing bank accounts and withdrawal of monies to pay the patient’s expenses;  
3. Maintaining of patient’s insurance policies (e.g., repayment of premiums); 
4. Handling of general claims with government institutions;  
5. Rental of properties; and  
6. Managing of CPF account(s).

We have explained in our article Powers of a Deputy: A Comprehensive Guide, special powers that tend to involve more substantial decisions that can significantly impact the individual’s assets and interests.  

2) Supporting Affidavit

You will need to give reasons for the powers sought and justify that they are reasonable, e.g. give a details with supporting documents (invoices, bank statements) about the expenses of the Patient and the value of Patient’s assets you wish to have power over.

3) Doctor’s Medical Report

The most important document you need to obtain before you consider applying to Court is to obtain a specialist medical report (e.g. neurologist or psychiatrist, a GP’s memo will not suffice) that certifies that the Patient lacks mental capacity and the medical report should satisfy the following requirements:-

1. Distinguish clearly between observations or conclusions based on information given to the doctor and those that are based on the doctor’s examination of the Patient;
2. Contain a clear opinion as to whether the Patient lacks capacity in relation to the matters specified in the application;
3. Be current and shall not be made more than 6 months before the date of the application;
4. Contain a clear opinion on Patient’s prognosis.

4) Consents by Relevant Persons

“Relevant persons” are persons who have an involvement in the Patient’s life and/or who are likely to have an interest in the application. The Patient’s immediate family members are likely to have an interest in being notified that an application has been made to the Court concerning the Patient. Persons who have a close relationship with the Patient, persons who have a legal duty to support the Patient, persons who will benefit from the Patient’s estate, persons who are responsible for the Patient’s care are all considered ‘Relevant persons’ and will therefore often include the following immediate family members:

• The Patient’s spouse;
• The Patient’s children (aged 21 and above);
• The Patient’s parents or guardians; and
• The Patient’s brothers or sisters (aged 21 and above).

In some cases, the Patient may be closer to persons who are not immediate family members. If this is the case, they should be notified instead of the immediate family members. Other relevant persons may include:

• Other relatives or friends with a close relationship to Patient.
• Individuals with a legal obligation to support Patient.
• Beneficiaries of Patient’s estate.
• Caretakers responsible for Patient’s well-being.

All Court documents must be served on the Relevant Persons.

In cases where the Patient has had severe intellectual disability since early childhood and where the Patient’s parents are the Patient’s sole caregivers and where the Patient is now no longer a minor and the Patient’s parents need to be authorised to continue to look after Patient’s affairs, Patient’s parents would normally be the only relevant persons for the purposes of the application but the applicants must provide sufficient information to enable the Court to reach the conclusion that there are no other relevant persons.

If the Patient resides at an organisation providing residential accommodation (regardless of whether it also provides care or treatment to the Patient), then they should also be notified and Court documents should be on such an organisation as soon as possible.

5) Successor Deputies’ Affidavits

Successor Deputies’ Affidavits are required for individuals designated to take over as Deputy if the initially appointed Deputy becomes unable to continue serving in that role. If you have named Successor Deputies in your application, you must file these affidavits accordingly.

Time frame for deputyship orders to be granted