Under Singapore’s Mental Capacity Act 2008 (MCA), individuals who lack the mental capacity to make decisions for themselves may require someone to step in and act in their best interests. While many individuals plan in advance by making a Lasting Power of Attorney (LPA), some may lose capacity without having executed one. In such cases, an individual such as a family member or friend may apply to the Family Justice Courts to be appointed as a Deputy.
A Deputy is a court-appointed individual who is legally empowered to make decisions concerning the personal welfare and/or property and affairs of someone, known as “P” under the MCA, who lacks mental capacity.
This article outlines the powers granted to court-appointed deputies in Singapore, the types of decisions they can make, and the limitations of their authority under Singapore law.
2. When is a Deputy Appointment Necessary
A deputy appointment is typically necessary when:
(a) The individual has lost mental capacity (e.g. due to dementia, stroke, brain injury, or intellectual disability); and
(b) The individual did not execute an LPA before losing mental capacity.
In such scenarios, a deputy application must be made via the Family Justice Courts, and the court will assess whether it is in the patient’s best interests to appoint a deputy.
3. Who Can Apply to Be a Deputy
The court generally appoints someone who:
(a) if an individual, is one who is a professional deputy and is not related to P by blood or marriage;
(b) if not an individual, is a professional deputy;
(c) if an individual, is at least 21 years old;
(d) is mentally and financially capable of acting in the role; and
(e) has no adverse interest in the patient’s assets or affairs.
The court may appoint more than one deputy (jointly or jointly and severally), depending on the circumstances.
4. What Types of Powers a Court-Appointed Deputy Can Exercise
The scope of a deputy’s powers depends on what the court grants in the Deputyship Order. Deputies do not automatically receive broad powers. Instead, the court will tailor the powers based on the needs and circumstances of the patient.
Generally, the powers granted fall under two main categories:
(a) Personal Welfare Powers
These powers may include:
(i) deciding where the patient should live;
(ii) arranging for medical treatment or care services;
(iii) consenting to or refusing medical procedures on behalf of the patient; and/or
(iv) deciding on the patient’s daily care needs (e.g. meals, hygiene routines).
Note: Deputies are not allowed to make decisions about matters of life-sustaining treatment, unless expressly permitted by the court. There are also additional decisions which are excluded from the powers of a Deputy, which are more particularly set out in section 26 of the MCA.
(b) Property and Financial Affairs Powers
These powers may include:
(i) managing bank accounts;
(ii) paying bills, loans, or taxes;
(iii) collecting income (e.g. rental income or insurance payouts);
(iv) selling or purchasing property on behalf of the patient (usually requires separate court approval); and/or
(v) applying for government schemes, subsidies, or grants on behalf of the patient.
Where appropriate, the court may impose caps, restrictions, or conditions on the amounts the Deputy can manage or withdraw.
5. What Limitations Are Imposed on a Deputy?
The MCA emphasises that deputies:
(a) must always act in the best interests of the patient;
(b) must consider whether decisions can be delayed until the patient regains capacity;
(c) must encourage the patient to participate in decisions as far as possible;
(d) cannot delegate their powers to another party without court permission; and
(e) must keep clear records of all decisions made and transactions carried out.
Deputies may be required to submit annual reports or accounts, especially in cases involving significant assets.
6. Can a Deputy Make a Will on Behalf of the Patient?
No. A deputy cannot make, amend, or revoke a will on behalf of the patient. If it becomes necessary to do so, a separate application for a Statutory Will must be made to the court under specific conditions.
7. Can the Court Remove or Replace a Deputy?
Yes. A deputy’s appointment is not permanent and may be:
(a) revoked by the court if the deputy acts inappropriately or contrary to the patient’s best interests;
(b) terminated if the patient regains mental capacity; or
(c) replaced if the original deputy is no longer able or willing to continue in the role.
8. How Long it Takes to Obtain a Deputyship Order
In straightforward cases, the court may take around 4 to 6 weeks to issue the order once the application is submitted. Complex cases, such as those involving high-value assets or disputes between family members, may take between 3 to 4 months unless the submission is incomplete or the case is complex.
Applicants must prepare various supporting documents including:
(a) a certified medical report confirming the lack of mental capacity;
(b) the deputy’s personal particulars and declaration forms;
(c) details of the patient’s assets, income, and dependents.
Our firm will advise you on the appropriate forms and draft the necessary documents as part of your application.
9. What are the Costs Involved?
The typical court filing fees and disbursements for deputyship applications in Singapore range from S$40 to S$500, depending on the complexity of the case, including whether the application is made via the simplified or standard process.
Please note that these disbursements exclude costs such as legal fees, cost of medical reports and fees to affirm or swear affidavits, which are usually advised on a case-by-case basis and charged separately. For patients with very modest means, legal aid may be available in certain situations.
10. Conclusion
Court-appointed deputies play a vital role in safeguarding the welfare and financial interests of individuals who have lost mental capacity. The powers granted to a deputy are determined on a case-by-case basis and are subject to oversight to ensure that the patient’s best interests are protected at all times.
If you need legal guidance on applying to be appointed as a deputy for a loved one or wish to understand your obligations as an existing deputy, please do not hesitate to reach out to us. Our team at 28 Falcon Law has assisted numerous clients with mental capacity and estate matters, and we are ready to guide you through the process efficiently and compassionately.
For legal assistance, please contact Waltson Tan at: waltson.tan@28falconlaw.com
Waltson Tan Director +65 8079 0028 waltson.tan@28falconlaw.com |
Office address: 101A Upper Cross Street #13-11, People’s Park Centre Singapore 058358 |