When a loved one loses mental capacity without a Lasting Power of Attorney (LPA) in place, family members are often left unable to legally manage their affairs. In such situations, the Singapore courts may appoint a Deputy under the Mental Capacity Act 2008 to make decisions on their behalf.

A common question we receive from clients is: “Can I be appointed as a Deputy?” This article outlines the eligibility criteria, legal responsibilities, and key considerations involved in becoming a Deputy in Singapore — so that applicants are better prepared before making a Deputyship application.

If you require legal guidance on the Deputyship process or wish to discuss your eligibility, feel free to contact Waltson Tan at waltson.tan@28falconlaw.com

1. Who Can Be Appointed as a Deputy?

Under Singapore law, a Deputy can be any individual who:

• Is 21 years old or older;
• Is of sound mind;
• Is not an undischarged bankrupt (if applying for property and affairs powers);
• Can demonstrate that their appointment is in the best interests of the person lacking capacity (referred to as “P”);
• Has no conflict of interest in the matter (e.g. personal financial benefit that clashes with P’s needs).

In most cases, Deputies are family members — such as spouses, children, siblings or parents — who are already involved in the daily care or financial affairs of the person lacking capacity.

2. What Will the Court Consider Before Appointing a Deputy?

The Family Justice Courts exercise wide discretion when deciding whether to appoint a Deputy, and in assessing the scope of powers to be granted. Some of the key factors include:

(a) The Relationship Between the Applicant and P

Applicants who have a close, longstanding relationship with P are generally preferred. This includes spouses, adult children, or siblings who have been supporting P’s care or finances. The court will also consider whether the applicant has P’s trust (prior to losing capacity) and has acted responsibly in the past.

(b) The Applicant’s Conduct and Character

The court will evaluate whether the applicant has any history of financial mismanagement, abuse, or neglect. A clean legal and financial record is ideal.

(c) The Complexity of the Deputy’s Duties

In cases involving large assets, real estate transactions, or contested family relationships, the court may require the applicant to have some financial literacy or may consider appointing a professional Deputy (e.g. lawyer or accountant).

(d) Whether the Applicant Understands the Duties of a Deputy

The court needs to be satisfied that the applicant understands the legal obligations and duties of a Deputy. This includes making decisions in P’s best interests, keeping detailed records, and not benefiting personally from the role unless authorised by the court.

3. Can More Than One Deputy Be Appointed?

Yes. The court may appoint:

• A sole Deputy – common where one caregiver is the primary decision-maker;
• Multiple Deputies, to act either:
• • Jointly (decisions must be made together);
  • Jointly and severally (each can act independently).

If more than one Deputy is appointed, the applicants must demonstrate they are able to cooperate and act in P’s best interests without conflict.

4. What Powers Will I Have as a Deputy?

The court will only grant powers that are necessary and proportionate to the situation. Common powers granted include:

• Managing bank accounts and investments;
• Paying for P’s healthcare, education, or living expenses;
• Selling or leasing property;
• Applying for financial aid or CPF withdrawals;
• Making personal welfare decisions (less commonly granted).

Applicants must list the powers they are requesting in their application. The court may limit or modify these based on P’s needs and the applicant’s capability.

5. Can I Apply If I Live Overseas?

Yes, but with conditions. The court may appoint a Deputy who resides overseas if:

• The applicant has a strong personal or financial connection to P;
• The duties can be reasonably discharged from abroad (e.g. with the help of local family members or legal representatives);
• The applicant remains accountable and responsive to the Office of the Public Guardian.

Where close relatives are available in Singapore, the court may prefer a local Deputy.

6. What Are the Responsibilities of a Deputy After Appointment?

Once appointed, a Deputy is legally required to:

• Act in P’s best interests at all times;
• Keep accurate records of all transactions and decisions;
• Avoid conflicts of interest or self-dealing;
• Seek the court’s approval for major decisions not included in the original order;
• Report to the Office of the Public Guardian (OPG) as required.

Failure to carry out these duties may result in legal consequences, including removal as Deputy or civil liability for mismanagement.

7. When Might the Court Reject an Application?

Applications may be denied where:

• The applicant has a history of financial mismanagement;
• There is family conflict and the applicant cannot act impartially;
• The proposed powers are too broad or unjustified;
• The applicant has a conflict of interest with P;
• The court finds that appointing a professional Deputy is more appropriate.

Applicants are advised to be transparent, reasonable in the scope of powers requested, and prepared to explain why they are suitable.

8. Conclusion: Understand the Commitment Before You Apply

Being appointed as a Deputy is a serious responsibility that requires trustworthiness, diligence, and a deep understanding of one’s legal obligations. While the role can be rewarding — especially when it enables a loved one to receive proper care — applicants must be prepared to comply with court orders, maintain transparency, and always act in the best interests of the person under their care.

If you are considering applying to be a Deputy, our team at 28 Falcon Law is ready to assist you in navigating the process with clarity and compassion. We can advise you on your eligibility, the powers to request, and how to ensure your application meets the legal requirements.

 

 

 

Waltson Tan Director +65 8079 0028 waltson.tan@28falconlaw.com

Office address: 101A Upper Cross Street #13-11, People’s Park Centre Singapore 058358