How to Apply for Deputyship in Singapore

If a loved one loses mental capacity due to illness or injury and has not made a Lasting Power of Attorney (LPA), you may need to apply for deputyship through the Family Justice Courts.

This process can feel overwhelming, especially if you’re dealing with urgent care or financial issues at the same time. In this guide, we explain what deputyship is, who can apply, what to expect, and how a lawyer can help you prepare the court application efficiently.

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.

This usually becomes necessary when:

• The person did not make an LPA, and

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

What Can a Deputy Do?

The court will authorise the deputy to make decisions in one or more of the following areas:

Personal Welfare:

• Medical treatment decisions

• Residential care arrangements

Property & Affairs:

• Accessing bank accounts to pay for care

• Managing income, CPF payouts, or insurance

• Selling or renting property (with court approval)

The powers granted depend on the needs of the individual and the deputy’s relationship with them.

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).

How to Apply for Deputyship in Singapore

The process involves filing a court application with supporting documents. Here's a simplified breakdown:

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 eLitigation (lawyers typically file on behalf of applicants)

• 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

How Long Does It Take?

Most uncontested applications take 4 to 6 months to be completed — possibly longer if:

• There are disputes among family members

• The assets are substantial

• The orders requested are complex

Why Is Deputyship So Important?

Without deputyship (or an LPA), you may not be able to:

• Access your parent’s bank account to pay for their care

• Make medical decisions if doctors need consent

• Sell a property to fund nursing home fees

• Handle insurance or CPF withdrawals on their behalf

  
  

In urgent cases, the delay can be distressing and financially disruptive.

Should I Apply Myself or Get a Lawyer?

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

A lawyer can help by:

• Ensuring documents are complete and correctly filed

• Advising you on what powers to apply for

• Helping avoid delays or objections

• Representing you in court if needed

Alternatives to Deputyship

If your loved one still has mental capacity, consider:

• Making a Lasting Power of Attorney (LPA)

• Appointing a donee to act in future

If mental capacity is already lost, deputyship is the only option under the law.

Need Help Applying for Deputyship?

We help families prepare and file deputyship applications efficiently.

Schedule a confidential consultation or email us at mc@markchenglaw.com to get started.

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