There may come a time when a loved one can no longer make important decisions on their own, be it due to illness, age, or an unexpected injury. That’s where the appointment of a Deputy under the Mental Capacity Act becomes important.
In Singapore, when someone loses mental capacity without a Lasting Power of Attorney (LPA) in place, the law provides another way to safeguard their well-being and assets. The Court may appoint someone to make decisions for them, this person is called a deputy. But how does it all work, and who can apply?
Here’s what you need to know in plain English.
What Is A Deputy Under The Mental Capacity Act?
Under Singapore’s Mental Capacity Act, a deputy is someone appointed by the Court to make decisions on behalf of a person who has lost mental capacity and has no valid LPA.
The appointment of a deputy under the Mental Capacity Act allows family members, close friends, or professionals to step in legally to manage matters like daily care, medical treatment, or finances. This ensures that decisions made are in the person’s best interests, even when they can’t express their wishes themselves.
When Is The Appointment Of A Deputy Necessary?
The need for a Mental Capacity Act deputy usually arises when:
- A person did not make an LPA before losing mental capacity
- Immediate decisions are needed for healthcare, housing, or finances
- There’s no one legally authorised to act on their behalf
In these situations, someone close to the individual can apply to the Court for the appointment of a deputy Mental Capacity Act.
Who Can Be Appointed As A Deputy?
The Court focuses on the person’s best interests, so deputies are individuals who have attained the age of 21 years and are typically:
- A close family member (spouse, sibling, adult child)
- A trusted friend
- A professional, especially when finances are complex
The Court will evaluate the applicant’s relationship, trustworthiness, and ability to manage responsibilities. Sometimes, the Court may appoint more than one deputy.
What Decisions Can A Deputy Make?
A Mental Capacity Act deputy can only make decisions that the Court approves. These may include:
- Managing bank accounts and paying bills
- Making healthcare and medical decisions
- Deciding on residential care or living arrangements
How To Apply For A Deputy Appointment
The appointment of a deputy under the Mental Capacity Act involves several steps:
- Filing an Application – This includes forms, medical reports, and supporting documents.
- Court Review – The Court examines the application and determines the extent of authority.
- Court Order – Once granted, the deputy gains legal powers limited to the areas approved.
Conclusion About The Appointment Of A Deputy Mental Capacity Act
The appointment of a deputy Mental Capacity Act ensures there’s a trusted person looking out for someone who can no longer do so themselves. Whether it’s managing money or deciding on care, having the right deputy in place gives families peace of mind.
At Tembusu Law, our team includes some of the best criminal lawyers and family lawyers in Singapore, ready to guide you through the legal process with care and clarity.
Get in touch with us today for a free consultation and to protect the people who matter most.
Frequently Asked Questions About The Appointment Of A Deputy Mental Capacity Act
Who Can Apply For Deputyship?
Family members, close friends, or professionals may apply. The Court checks if they’re suitable based on relationship, financial responsibility, and intentions.
What Happens If Someone Doesn’t Have An LPA?
If there’s no Lasting Power of Attorney, a deputy must be appointed by the Court through the appointment of the Deputy Mental Capacity Act process.
What Powers Does A Deputy Have?
Only those granted by the Court, typically around financial matters, healthcare, or living arrangements. The powers are clearly defined in the Court Order.
Can There Be More Than One Deputy?
Yes, the Court can appoint more than one deputy. They may act jointly or independently, depending on what the Court decides is best.
How Long Does It Take To Appoint A Deputy?
It depends on the case complexity and the documents provided, but it often takes several months. Legal help can reduce delays.
Can A Deputy’s Role Be Challenged Or Removed?
Yes, if someone believes a deputy isn’t acting in the person’s best interests, they can raise it with the Court. The Court can remove or replace a deputy if necessary.
