Discovering that a parent, spouse, or other loved one can no longer make decisions for themselves is difficult enough without also realising there is no Lasting Power of Attorney in place to fall back on. When this happens, deputyship is generally the only legal route available to step in and manage that person’s affairs properly and lawfully. This guide explains how deputyship applications work in Singapore.
Deputyship Versus a Lasting Power of Attorney
A Lasting Power of Attorney, or LPA, is made by someone while they still have mental capacity, allowing them to choose in advance who should make decisions on their behalf if they later lose that capacity. Deputyship is fundamentally different. It only becomes relevant once someone has already lost mental capacity without having made an LPA beforehand. Where an LPA lets the person themselves choose their decision-maker, deputyship involves the court appointing someone on that person’s behalf, since they are no longer able to make that choice themselves. This distinction is worth sitting with for a moment, since it explains almost everything else about why the two processes look so different in practice.
What a Deputy Actually Does
A deputy is appointed under the Mental Capacity Act to make decisions for the benefit and welfare of a person who lacks mental capacity, referred to in this context as “P”. This can cover both personal welfare matters, such as living arrangements and medical care, and property and affairs matters, such as managing bank accounts, paying bills, and handling property. Unlike a donee under an LPA, whose powers are largely defined by the donor’s own original choices, a deputy’s powers are specifically defined and limited by the terms of the court order that appoints them.
Establishing That Someone Has Genuinely Lost Capacity
Before a deputyship application can proceed, a doctor needs to certify that the person has lost the mental capacity to make relevant decisions, due to an impairment or disturbance affecting the functioning of their mind or brain. This certification generally needs to show the person can no longer understand relevant information, retain it, weigh it up as part of making a decision, or communicate their decision, whether verbally, in writing, or through other means.
Who Can Apply to Become a Deputy
Family members or friends of the person who has lost capacity can apply, and more than one person can apply jointly if appropriate. If there is no suitable family member or friend available or willing to take on the role, a Professional Deputy can apply instead. Whoever applies, they must be at least twenty-one years old and must agree to act in the best interests of the person they would be making decisions for.
The Simplified Filing Track
For more straightforward situations, a simplified filing track is available, generally where the application involves relatively modest matters, such as withdrawing money from the person’s bank account or consenting to routine medical treatment on their behalf, and where the person’s total assets do not exceed eighty thousand dollars. This track also generally requires that all relevant persons connected to the individual consent to the application, reflecting its more streamlined, less contested nature. Simplified applications are filed online through the Family Justice Courts’ Integrated Family Application Management System using Singpass, and typically take somewhere in the range of four to six weeks to process.
The Standard Filing Track
Where the situation is more complex, involves assets above the simplified track’s threshold, or where not all relevant persons consent to the application, the standard filing track applies instead. This involves preparing and filing specific forms at the appropriate service bureau rather than entirely online, and generally takes longer than the simplified process, given the additional scrutiny more complex or contested applications require.
What the Court Considers
The Family Justice Courts, which hear all deputyship applications, consider what arrangement genuinely serves the best interests of the person who has lost capacity, taking into account the medical evidence, the relationship and suitability of the proposed deputy, and the specific matters the application seeks authority over. The court can appoint a single deputy, or more than one, either acting jointly, acting jointly and severally, or with different powers assigned to different decisions.
Why Deputyship Is More Demanding Than an LPA
Because deputyship requires court involvement from start to finish, including medical certification, formal filing, and the court’s own assessment, it is generally more time-consuming and more costly than making an LPA would have been. This is precisely why deputyship is often described as the fallback option, one that exists specifically for situations where the more straightforward, proactive route of an LPA was never taken while it was still possible.
What a Deputy Cannot Do Without Further Court Approval
A deputy’s authority is limited to what the original court order actually grants them. If a situation arises requiring a decision beyond the scope of the existing order, such as selling a property when the original order did not anticipate this, the deputy generally needs to return to court for a further, specific order authorising that additional step, rather than assuming their general appointment covers every future decision automatically.
Varying an Existing Deputyship Order
Circumstances can change after a deputyship order is made, whether the person’s condition changes, new assets or needs emerge, or the original deputy is no longer able to continue in the role. In these situations, an application can be made to vary the existing order, or in some cases to appoint a different or additional deputy, rather than the original order remaining fixed regardless of how circumstances evolve.
The Case for Making an LPA While You Still Can
If you are going through a deputyship application for a loved one, it is worth using the experience as a genuine prompt to consider your own planning. Making an LPA while you are healthy and of sound mind avoids the need for anyone you care about to go through this more demanding court process on your behalf later, and gives you the ability to choose your own decision-makers now, while you are still able to do so, rather than leaving that choice to a court that has never met you.
Frequently Asked Questions
Can a deputyship application be made while the person still has some, but diminished, mental capacity?
Deputyship specifically requires a proper medical certification that the person has lost the relevant capacity, so the application is generally not appropriate while someone still retains sufficient capacity to make their own decisions, even if that capacity is somewhat diminished.
What happens if family members disagree about who should be appointed as deputy?
Genuine disagreement among family members can complicate and slow down the application, and in more contested situations, the court may need to weigh competing applications or concerns before deciding who is genuinely best placed to act in the person’s interests.
Is a deputy personally financially responsible if something goes wrong while managing the person’s affairs?
A deputy has real legal duties and can potentially be held accountable for mismanagement or acting outside the scope of their court-ordered authority, which is part of why the role should be approached with genuine seriousness rather than as a mere formality.
Does a deputyship order last forever once it is granted?
Not necessarily, since the order can be varied, and it generally remains relevant only for as long as the person continues to lack capacity, with the specific terms and any time limits set out in the original court order itself.
Can a deputy be a professional, such as a lawyer or accountant, rather than a family member?
Yes, where there is no suitable family member or friend able to take on the role, a Professional Deputy can apply and be appointed, providing an alternative path for individuals without close family support available to act for them.
