How to Apply for Deputyship in Singapore

If a loved one has lost mental capacity due to illness or injury and did not make a Lasting Power of Attorney (LPA), you may have realised that you cannot legally make decisions for them.

This includes:

• managing their bank accounts

• paying bills

• making medical or care decisions

  
  

In these situations, you will usually need to apply to Court to be appointed as a deputy.

What Is Deputyship?

Deputyship is a legal status granted by the court, allowing someone to make decisions on behalf of a person who has lost mental capacity under the Mental Capacity Act 2008.

Deputyship is needed when:

• the person did not make an LPA, and

• they now lack the capacity to manage their personal welfare or property and affairs

Who Can Apply to Be a Deputy?

You can apply if you are:

• a family member (e.g. spouse, child, sibling, parent)

• a close friend or caregiver

• a professional or appointed organisation (in rare cases)

Applicants must be:

• at least 21 years old

• able to act in the best interests of the person

• not bankrupt (if applying for powers to handle property or money)

More than one deputy can be appointed (e.g. siblings acting jointly).

Should I Apply Myself or Get a Lawyer?

The right approach depends on your situation.

While the courts provide self-help deputyship kits, the application process involves legal drafting, affidavit preparation, and court filing.

There are broadly two types of applications:

(A) Simplified deputyship (more straightforward)

This may apply if:

• all family members agree; and

• the matters involved are limited (e.g. managing bank accounts below certain thresholds)

The process:

• is done online (iFAMS)

• may take about 4 to 6 weeks if documents are in order

(B) Standard deputyship (more complex)

This applies where larger assets or more complex powers are involved.

The process:

• involves more documentation and court scrutiny

• typically takes 3 to 4 months or longer

How to Apply for Deputyship in Singapore

In general, the process involves filing a court application with supporting documents.

1. Obtain a Mental Capacity Assessment

• This must be done by a certified medical practitioner

• Confirms the person is permanently or temporarily incapacitated

2. Prepare Court Documents

You must state clearly what decisions you’re seeking power to make, and provide details of the person’s assets, income, dependents, and care needs.

3. File With the Family Justice Courts

• Done through iFAMS for simplified cases

• Done through eLitigation (lawyers typically file on behalf of applicants) for standard cases

• Court fees apply

4. Serve Documents and Await Outcome

• Other family members may need to be notified

• If uncontested, the court may approve the orders without a hearing

• If contested or complex, a hearing will be scheduled

5. Deputyship Order Granted

If approved, you will be legally authorised to act.

Your powers will depend on what the court grants.

Where It Makes Sense To Get Legal Help

Even in seemingly simple cases, issues can arise with:

• incomplete medical reports

• missing or inconsistent documents

• lack of consent from family members

• requesting powers that are too broad

If the application is not properly prepared:

• delays are common

• additional filings may be required

You should consider getting legal assistance if:

• there are multiple family members involved

• there is disagreement

• property or significant assets are involved

• you are unsure what powers to request

What you should do next

If you are dealing with this situation, start with:

Step 1: Clarify your situation

• Does your loved one have an LPA?

• What decisions need to be made?

  
  

Step 2: Assess whether your case is straightforward

• Is there full agreement among family members?

• Are the assets simple?

  
  

Step 3: Decide how to proceed

• File the application yourself; or

• Get assistance to ensure it is done properly

How We Assist

We focus on:

• assessing whether your case can be handled simply

• advising on the appropriate scope of powers

• preparing and filing the application where needed

The aim is to ensure you can act for your loved one without unnecessary delay or complications.

Fees

Fees for deputyship applications depend on whether the matter is straightforward or involves more complex issues.

As a general guide:

• Simplified deputyship applications (where there is full agreement and limited scope): typically from $1,500 to $3,000

• Standard deputyship applications (involving broader powers or more complex circumstances): typically from $3,500 to $6,500

We will assess your situation at the outset and advise whether your case can be handled simply, before providing a clear fee estimate.

Contact Us

If you are considering a deputyship application, you can reach out with:

• a brief summary of your situation; and

• any urgency (e.g. medical or financial issues)

  
  

We will review and advise on the next steps.

Email us at mc@markchenglaw.com to get started.

Contact Us