Mental Capacity

Loved one who lost mental capacity: Deputyship Application

Areas of Concern
Loved one who lost mental capacity: Deputyship Application

My loved one has not lost mental capacity, but I fear it may happen in the future

To prepare for the event where your loved one loses mental capacity, you should consider making a Lasting Power of Attorney (“LPA“). An LPA is a legal document that allows a person (“donor“) to voluntarily appoint one or more persons “donee(s)” to make decisions on their behalf.

An LPA takes effect once the donor is certified by a medical practitioner to have lost mental capacity. Generally, a donee has they duty to act in the donor’s best interests, carry out the donor’s instructions and decide within the LPA’s scope of authority, and keep relevant accounts.

An LPA can be made by anyone who is 21 years and above, and mentally capacitated when executing the LPA. A donee can be any individual trusted by the donor to handle their matters. The donee must be 21 years and above and cannot be an undischarged bankrupt.

Regardless of your mental state, it is strongly recommended to make an LPA while still mentally capacitated. Appointing a reliable and trusted decision maker to act in your best interests can alleviate the stress and difficulties faced by your loved ones.

What happens if my loved one has already lost mental capacity?

If there is no valid LPA when the person has lost mental capacity, the only other option is to appoint a Deputy. This can only be done through applying for a Deputyship order before the Singapore courts.

The Deputy will be granted powers by the court to make specific decisions on behalf of a mentally incapacitated person. Like an LPA, the deputyship order may allow a person to govern the mentally incapacitated person’s personal welfare or property and affairs. The court may also appoint two or more deputies to act jointly or jointly and severally in matters.

Appointed deputies are overseen by the Office of the Public Guardian to ensure that they are carrying out their duties in the incapacitated person’s best interests. Annual reports must be filed by Deputies to the Office of the Public Guardian to declare all incomings and outcomings of the incapacitated person’s assets and liabilities for accountability.

Deputyship appointments must be obtained by way of a court order, which includes any subsequent variation or revocation of the deputy’s scope of duties.

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