Understanding What is Mental Capacity
The Mental Capacity Act has a technical definition on what is loss of Mental Capacity. We have explained the definition in detailed in our article “Mental Capacity Act (MCA) in Singapore“. The person who lacks mental capacity is referred to as “Patient” under the Mental Capacity Act (MCA) and by the Court.
Stroke Patients and Mental Capacity
It is important to note that not all stroke patients have loss of Mental Capacity. It may be difficult for the stroke patient to continue managing his assets and affairs due to physical limitations. In certain scenarios it may be possible for stroke patient to obtain a Power of Attorney to appoint someone to manage his affairs post-stroke.
When to Consider Deputyship
When Mental Capacity is Compromised
If your loved one has dementia, suffered a brain injury, or severe stroke, or has slipped into a coma, they may be unable to make decisions about their welfare or assets. In such cases, you may need to manage their affairs to ensure they receive proper medical care and that bills are paid. This might involve accessing their bank accounts or CPF funds, or renting or selling property to cover medical expenses. If your loved one did not make a Lasting Power of Attorney while he had mental capacity, you would need a Deputyship Court Order.
Assisted Deputyship Application Programme (ADAP)
If you have a child with special needs—such as Down Syndrome, Autism, Global Developmental Delay, or Profound Multiple Learning Disability—you may be concerned about securing their future care and management when you are no longer able to do so. Parents of special needs children may consider applying to the Court to appoint a Deputy. The Ministry of Social and Family Development has an Assisted Deputyship Application Programme (ADAP) for parents of graduating cohorts in Special Education Schools.
Applying for Deputyship
In either scenario, your best option is to apply to the Family Justice Court to be appointed as a Deputy to take care of such matters under the MCA. The powers that a Deputy will have are outlined in the final Court Order granted by the Family Justice Court, and the Deputy is obligated to act in the best interest of your loved one.
For assistance on court appointment of deputies, please contact us to make an appointment.
