Court-Appointed Deputyship in Singapore

A deputyship is what a family turns to when a loved one has lost the mental capacity to manage their own affairs and did not put a Lasting Power of Attorney in place beforehand. A deputy is appointed by the Family Justice Courts to make decisions for that person, known in the legislation as "P".

Deputyship exists because, without it, no one, not even a spouse or child, has automatic legal authority to operate the incapacitated person's bank accounts, deal with their property or consent to certain decisions on their behalf. This guide sets out how a deputyship application works, the two tracks, and the fees and timelines involved.

This is general legal information, not legal advice. Consult a qualified advocate and solicitor about your situation.

Deputyship compared with an LPA

The difference between a deputyship and an LPA comes down to timing and who decides.

An LPA is made in advance by a person who still has mental capacity, and that person chooses their own donees. A deputyship is applied for after capacity has already been lost, and it is the court, not the incapacitated person, that appoints the deputy and defines what the deputy may do. Both operate under the Mental Capacity Act 2008.

Because a deputyship application is a court process, it is slower, more expensive and subject to ongoing court oversight. That is the practical reason to make an LPA while you can.

Who needs to apply

An application is made where a person aged 21 or over has lost the mental capacity to make particular decisions, and there is no valid LPA covering those decisions. A family member, typically a spouse, adult child or parent, applies to be appointed as the deputy. The court can appoint more than one deputy and can limit the deputy's powers to specific matters.

The two tracks

The Family Justice Courts run two tracks for deputyship applications.

The simplified track is designed for the common situation where the amounts involved are modest and no one is objecting, or where the family needs a routine order such as consent to medical treatment. Eligibility is based on the value of the funds involved or on the specific type of order sought, so it is not funds-only.

The standard track applies where the estate is larger, the orders sought fall outside the simplified scope, or someone objects to the application.

What the fees do and do not cover

The court filing fees above are only part of the cost. They exclude the fee for the doctor's certificate confirming that P lacks capacity, the cost of preparing affidavits, and any lawyer's fees if the family engages one. A contested standard-track application handled by a lawyer will therefore cost considerably more than the filing fee alone.

After appointment

A deputy does not have a free hand. The deputy must act in P's best interests, keep P's money separate, keep records, and stay within the powers the court granted. Significant decisions, such as selling P's property, may need specific court approval. The Office of the Public Guardian supervises deputies, which is a further reason the process is more involved than acting under an LPA.

The better alternative: an LPA

Almost everything that makes deputyship burdensome, the court application, the cost, the delay and the ongoing supervision, is avoided by making an LPA in advance. An LPA lets you choose your own decision-maker while you still can, rather than leaving the choice to a court after it is too late.

Deputyship is only about decisions during life. What happens to a person's assets after death is a separate question dealt with by a will or the intestacy rules.

This guide is part of the wills, estates and power of attorney in Singapore section, which links the related guides on planning ahead and settling an estate.