Powers of a Deputy: A Comprehensive Guide

Can the Deputy do anything and everything? 

You might be wondering, what exactly can the Deputy do? Personal, financial, healthcare, and welfare affairs sound very vague yet broad. Can the Deputy sell and rent Patient’s properties? Can the Deputy terminate Patient’s existing insurance policies and purchase new policies?  Can the Deputy enter into contracts for Patient? 

A Deputyship Court Order will specify what the Deputy can do. We call them “powers” – powers that the Deputy has over Patient’s matters. The Deputy can request for as many powers as he/she deems fit. However, the powers that the Deputy requests for are ultimately subject to the Court’s approval. The Deputy will need to explain by way of an Affidavit why he is requesting those powers, and how being granted those powers will benefit Patient in the future.  

Applications for deputyship court orders that involve the withdrawal of funds up to $80,000 are eligible for the simplified filing track. View the list of orders you can apply for under this simplified process.

For deputyship applications involving the withdrawal of funds above $80,000, you will need to proceed on the standard process. To help you understand the powers you can request for, we have identified two main categories that they can be sorted under: Basic Powers, and Special Powers.  

Basic Powers a Deputy Can Request for

Basic Powers can be understood as common powers typically requested by deputies to manage daily financial affairs and administrative tasks on the Patient’s behalf.  

Some of the basic powers that the Deputy can request for: 

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). 

As every case is different (i.e Patient #1 may not have the same assets as Patient #2), there may be other powers that the Deputy would like to seek to manage those assets. We can refer to those powers as special powers. 

Special Powers a Deputy Can Request for

While Basic Powers are generally essential for routine management, Special Powers tend to involve more substantial decisions that can significantly impact the individual’s assets and interests.  From our experience, the Court is stricter when it comes to granting such special powers. The Deputy needs to explain in greater detail why those powers are necessary, and how it will affect Patient if the Deputy is not granted those powers. 

Below are some of the special powers that the Deputy can request for:   

1. Sale of the patient’s immovable properties;  
2. Buying of properties using the individual’s monies; 
3. Handling of HDB unit undergoing SERS; 
4. Financial Planning and Investing using the individual’s monies; 
5. Enbloc matters; 
6. To sue or defend on behalf of the individual; 
7. Trust arrangements; 
8. Changing / terminating of insurance policies; and 
9. Reimbursements of legal fees incurred for the deputyship application and expenses incurred on behalf of the patient. 

What should a Deputy do if they need to exercise a power that is not included in the Deputyship Court Order?

That said, if the Court Order does not grant the Deputy a particular power for example, powers to sell properties, the Deputy will not be allowed to do so. The Deputy will have to apply for a fresh Court Order to include additional power(s).