Deputyship
What Happens When a Mentally Incapacitated Loved One Has Not Done a Lasting Power of Attorney?
Loss of mental capacity can happen in various ways, such as suffering brain damage through an accident, contracting dementia, or being born with severe intellectual disability.
In March 2026, the registration of Lasting Powers of Attorney (LPA) was made permanently free of charge for all Singaporeans. This signifies the government’s cognisance of the importance of preparing ahead for a situation where a person may one day lose his / her mental capacity. Doing an LPA enables a person to choose a trusted person to make decisions for him / her in such an event.
But what if your loved one has not done a LPA and already lacks mental capacity?
In such a situation, you will have to make a Court application for a deputyship order to make decisions in the best interests of, and to handle matters on behalf of, your loved one. Broadly, there are 2 types of decisions you can make:
Personal welfare, including day-to-day care matters, healthcare, living arrangements; and
Property and affairs, i.e. handling your financial matters, such as dealing with your bank account monies, your property matters, insurance claims, etc.
The application process can fall into either the simplified track or the regular track.
Applications under the simplified track are made through the iFAMS system using either you or your lawyer’s Singpass. You will have to ensure that various criteria are met before you file the application through the simplified track. Some examples are set out as follows:
The total amount of money you are looking to handle is not more than $80,000.00 (note: you may only receive up to $60,000.00 of your loved one’s monies from the CPF Board);
All relevant persons consent to the application; and
This only permits you to be granted various specific powers, and not more extensive ones.
Applications under the regular track are usually made with the assistance of lawyers. The powers that may be granted are generally more extensive than those permitted under the simplified track. For example, if you are unable to rent out your loved one’s property and would like to sell it, such an application will have to be made under the regular track.
The process
Obtaining a medical report from a doctor: The medical report must confirm that your loved one lacks mental capacity, as affirmed by a registered doctor through an affidavit.
Obtaining the consent of all relevant persons: “Relevant persons” is defined as persons who have an involvement in your loved one’s life and / or who are likely to have an interest in the application. They generally include the following immediate family members: Spouse, children (aged 21 and above), parents and siblings.
Filing an Originating Application and Supporting Affidavit in Court, together with the Doctor’s Affidavit and the Consent of Relevant Persons:
The Originating Application essentially sets out the powers that you are seeking from the Court; and
The Supporting Affidavit provides various information about you, your loved one (assets, liabilities, income, expenses, etc.) and the reasons for the powers that you are seeking. It will also include supporting documents.
Service of application papers on nursing home / hospital (where applicable): If your loved one resides in an accommodation providing care, copies of the application papers will have to be served on them.
Court hearing: Upon acceptance of the application papers filed, the Court will fix your matter for a hearing date. If satisfied that the application is in order, the Court will grant the deputyship Order.
From the issuance of the doctor’s medical report, the process under the simplified track takes about 2 to 3 months while the process under the regular track takes about 4 to 6 months.
If you need advice on deputyship applications or LPAs, our team is here to help you navigate your options with clarity and confidence
