1. Introduction
In Singapore, it is not uncommon for family members to find themselves suddenly needing to manage the personal welfare or financial affairs of a loved one who has lost mental capacity. In such situations, two common legal mechanisms often come into focus: the Lasting Power of Attorney (LPA) and a Deputyship Order granted under the Mental Capacity Act 2008.
Although both legal instruments empower someone to make decisions on behalf of another person who lacks capacity, they differ significantly in terms of timing, process, scope, and cost. This article aims to set out clearly the differences between an LPA and Deputyship, and guide individuals and families on when each is appropriate.
If you have any legal queries or require assistance in preparing an LPA or applying for Deputyship, please feel free to contact Waltson Tan at waltson.tan@28falconlaw.com
2. What Is a Lasting Power of Attorney (LPA)?
An LPA is a legal document that a person (known as the donor) prepares in advance, while they still have mental capacity. In the LPA, the donor appoints one or more persons (donees) to make decisions on their behalf should they lose mental capacity in the future.
There are two broad categories of powers that can be granted to the donee(s):
(a) Property and Affairs: Managing bank accounts, real estate, investments, and other financial matters.
(b) Personal Welfare: Making healthcare and daily living decisions, including medical treatment and where the donor should live.
The LPA must be certified by a registered LPA certificate issuer (usually a lawyer, psychiatrist, or doctor), and then submitted to the Office of the Public Guardian (OPG) for registration.
3. What Is a Deputyship Order?
A Deputyship Order is a court-appointed order granted under the Mental Capacity Act when a person has already lost mental capacity and has not made an LPA. In such cases, someone (typically a family member) must apply to the Family Justice Courts to be appointed as a Deputy to make decisions on behalf of the person.
The application must set out the types of decisions the applicant seeks to make, whether relating to personal welfare, property, or both. The application should and include supporting medical evidence of the individual’s lack of mental capacity.
4. Key Differences Between an LPA and Deputyship
| Feature | Lasting Power of Attorney (LPA) | Deputyship |
| When it is made | Before mental capacity is lost | After mental capacity is lost |
| Who initiates | The person making the LPA (the donor) | A third party (usually a family member) |
| Approval body | Office of the Public Guardian (OPG) | Family Justice Courts |
| Time to process | ~3 to 6 weeks | ~2 to 4 months (or longer if contested) |
| Costs involved | Low (often under S$200 for certification) | Higher (legal fees (typically start from S$5,000), court filing fees, medical report costs) |
| Scope of powers | Defined by donor | Defined by court (based on application) |
| Complexity | Simple | More complex, especially for contested applications |
5. When You Should Use an LPA
You should prepare an LPA early, while you still have full mental capacity. It is a proactive and preventive measure that gives you control over:
(a) Who will act for you in the future
(b) The scope of authority given
(c) Avoiding future court applications
LPA is particularly recommended for elderly individuals, those with progressive medical conditions (e.g. dementia, Parkinson’s disease – prior to the loss of mental capacity), and anyone who wants to ensure peace of mind.
The process is straightforward and as of the date on which this article is written, Singapore citizens can register their LPA Form 1 for free with the OPG until 31 March 2026, subject to extension. Legal fees will however apply for the certification for the LPA prior to its registration.
6. When a Deputyship Order is Required
If a person has already lost mental capacity (for example, due to dementia, stroke, brain injury, or other medical conditions) and has not made an LPA, the family will need to apply for a Deputyship Order from the court.
Common scenarios include:
(a) An elderly parent loses capacity suddenly and no LPA was made
(b) Access to bank accounts or sale of property is needed to fund medical care
(c) Consent is required for major healthcare decisions
(d) No one has legal authority to manage the person’s affairs
In these cases, even a spouse or adult child cannot act on behalf of the person without a valid LPA or Deputyship Order.
7. Which Should You Choose
The short answer: Make an LPA while you can.
Deputyship is a necessary fallback, but it is time-consuming, more costly, and may cause delays during urgent medical or financial decisions. By contrast, an LPA ensures your wishes are respected, and your chosen donees can step in immediately when needed, without the stress of court proceedings.
8. Conclusion: Plan Early, Avoid Future Complications
Understanding the difference between an LPA and a Deputyship is essential for effective life and estate planning. While both mechanisms serve to protect individuals who lack capacity, the LPA empowers you to choose your decision-maker, while Deputyship leaves that choice to the courts.
At 28 Falcon Law, we regularly assist clients with both LPA preparations and Deputyship applications. If you need legal advice tailored to your circumstances, do contact us for a consultation.
Waltson Tan Director +65 8079 0028 waltson.tan@28falconlaw.com |
Office address: 101A Upper Cross Street #13-11, People’s Park Centre Singapore 058358 |