Role and Responsibility of a Court Appointed Deputy

The Court has the power to give the court appointed deputy powers to make decisions on behalf of the Patient for the Patient’s personal welfare; or the Patient’s property and affairs under the Mental Capacity Act.

The Patient’s personal welfare include:-

  • Deciding where the Patient is to live;
  • Deciding what contact, if any, the Patient is to have with any specified person;
  • Making an order prohibiting a named person from having contact with the Patient;
  • Giving or refusing consent to the carrying out or continuation of a treatment (including the conduct of a clinical trial) by a person providing health care for the Patient;
  • Giving a direction that a person responsible for the Patient’s health care allow a different person to take over that responsibility.

The Patient’s property and affairs include:-

  • The control and management of the Patient’s property;
  • The sale, exchange, charging, gift or other disposition of the Patient’s property;
  • The acquisition of property in the Patient’s name or on the Patient’s behalf;
  • The carrying on, on the Patient’s behalf, of any profession, trade or business;
  • The taking of a decision which will have the effect of dissolving a partnership of which the Patient is a member;
  • The carrying out of any contract entered into by the Patient;
  • The discharge of the Patient’s debts and of any of the Patient’s obligations, whether legally enforceable or not;
  • The settlement of any of the Patient’s property by way of trust, whether for the Patient’s benefit or for the benefit of others;
  • The making, on the Patient’s behalf, of any nomination under section 49L(2) or 49M(2) of the Insurance Act (Cap. 142);
  • Where any nomination under section 49L(2) or 49M(2) of the Insurance Act has been made by the Patient or on the Patient’s behalf, the revoking, on the Patient’s behalf, of that nomination under section 49L(7) or 49M(4), as the case may be, of that Act;
  • The execution for the Patient of a will;
  • The executing under section 15(6A) or 25(1) of the Central Provident Fund Act (Cap. 36), on the Patient’s behalf, of any memorandum under section 25(1) of that Act;
  • Where any such memorandum has been executed, or any nomination has been made under section 25(1) of that Act, by the Patient or by the court on the Patient’s behalf, the revoking, on the Patient’s behalf, of that memorandum or nomination, as the case may be;
  • The maintenance, education, benefit and advancement of the Patient’s spouse, the Patient’s parent, a child of the Patient below 21 years of age or an intellectually disabled child of the Patient;
  • The exercise of any power (including a power to consent) vested in the Patient whether beneficially or as trustee under a trust;
  • The conduct of legal proceedings in the Patient’s name or on the Patient’s behalf.

Filing of Deputy Report

As a Deputy, one crucial responsibility is to submit annual reports to the Ministry of Social and Family Development’s Office of the Public Guardian. These reports outline all decisions made for the Patient over the year and how their funds were utilized for their benefit. This involves meticulous record-keeping of decisions and their reasoning, as well as maintaining documentation such as statements, vouchers, receipts, and other financial records pertaining to the Patient’s property and affairs.

For assistance regarding deputy matters, do contact us to make an appointment.

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