Deputyship is a system in Singapore under which the Family Courts have the authority to appoint a deputy to act on behalf of a person who lacks mental capacity and cannot make critical decisions independently.
The power to do this comes from the Mental Capacity Act (MCA), which protects vulnerable people who lack mental capacity by appointing a deputy.
The MCA provides reassurance to parents of children with intellectual disabilities. These parents worry about the future of their children, who may become adults by virtue of their age (21 in Singapore) but struggle with a lack of mental capacity to make critical decisions.
These individuals won’t always have their parents’ support and protection due to increasing age, illness, or infirmity. Parents can apply to the court to appoint a deputy to protect their children in later life.
The Mental Capacity Act also allows parents of children with intellectual disabilities who are likely to still lack capacity after 21 to apply to court to be appointed as their child’s deputies, and to name a successor deputy who can take over if the parents pass away or lose their own mental capacity. Parents doing this usually also review their own wills at the same time; our guide to will writing in Singapore covers the basics.
A deputyship is also relevant to older people who can lose mental capacity in their declining years; sometimes, this can be sudden, which means other arrangements have not been put in place.
Applying for a deputyship is particularly important when a person has assets that can be used for their benefit and hasn’t executed a Lasting Power of Attorney.
Who can become a deputy?
A deputy can be a family member, a trusted friend or a professional. Becoming a deputy is a court appointment with specific responsibilities and obligations.
The court will consider the circumstances of the vulnerable person, whether there is likely to be a need for ongoing or future decisions, and whether the appointment is to manage property and finances or health and personal welfare matters.
What can a deputy do?
A deputy can act when that individual cannot make independent decisions. A deputy can make financial decisions and could be granted access by the court to that person’s bank account. A deputy can also make healthcare and welfare decisions.
With the role of deputy come responsibilities and obligations both to the person being supported and to the court. At the heart of being a deputy is the premise that decisions are always made with the vulnerable person’s best interests in mind.
A deputy can only make decisions and take actions within the jurisdiction granted by the court, so this may, for example, just be confined to financial matters; they cannot act in other areas of that person’s life.
The court usually groups decision-making powers into three main areas:
- Financial – this involves all aspects of managing money, including assets and investments
- Personal welfare – all and any aspect of personal well-being
- Healthcare – daily healthcare issues, medical treatments, and medication
Submitting annual reports
A deputy must submit an annual report to the Ministry of Social and Family Development’s Office of Public Guardian detailing the decisions made for the person they are responsible for and how any assets or funds have been used for their welfare. Reports can now be submitted online through the OPG’s portal, which includes a built-in finance tracker, and the OPG runs free workshops for deputies on meeting the reporting requirements.
Deputies should also avoid disposing of the person’s property, including giving it away as gifts, unless the court order allows it.
Deputies have a legal duty to act in the best interests of individuals lacking mental capacity.
What is the Office of Public Guardian?
The Office of Public Guardian (OPG) is part of the Ministry of Social and Family Development. It supports the Public Guardian in its functions under the Mental Capacity Act.
The OPG plays a vital role in ensuring the welfare and protection of individuals who lack mental capacity. Deputies are appointed by the court, not by the OPG; the OPG’s role is to supervise them once appointed. It also offers guidance and support to those caring for people with mental incapacity. It provides information and resources for individuals and their families.
The OPG has the power to investigate complaints or concerns about a particular deputy, their actions and behaviour, and can intervene if necessary.
When is a deputyship important?
A deputyship can be essential to protect the welfare of a vulnerable person and is particularly important where there is no Lasting Power of Attorney (LPA) for a person with mental incapacity.
Making a deputyship application
There are two ways you can apply to become a deputy; one route is described as simplified and the other as standard.
The simplified route is for straightforward cases: where a deputy needs to use up to an aggregate of S$80,000 of the person’s funds, with a separate limit of S$60,000 for their CPF monies, or where the orders sought are common ones such as making decisions about care or consenting to medical treatment.
If all the information is present, simplified applications usually take four to six weeks. Court fees on this track are in the region of S$40 to S$50, excluding the cost of medical reports, affidavit fees and any legal fees. The standard track, which covers contested applications and orders beyond the simplified track’s scope, carries court fees in the region of S$300 to S$500.
These are court fees rather than what an application costs in total, and the medical report is frequently the larger item.
The simplified track only works if all the “relevant persons” (the family members and others closely involved in the person’s life) consent. Simplified applications are filed online through the Family Justice Courts’ iFAMS system; once filed, the relevant persons have three months to give their consent, and the filing fee is paid only after they have done so.
The standard deputyship route is for more complicated situations or where there are objections to the appointment. Standard applications are filed through eLitigation. This process takes on average, three to four months for approval.
If your application contains inconsistencies or someone raises an objection to it, the court may require you to attend a hearing or case conference.
What kind of medical report should accompany a deputyship application?
An application for deputyship must be accompanied by a medical report from a doctor confirming the individual’s mental state and lack of mental capacity. In practice, the report usually comes from a specialist who is treating the person, such as a psychiatrist, geriatrician or neurologist, and we recommend starting there.
The report must contain a doctor’s opinion on the mental capacity of the individual on whose behalf a deputyship is sought specifically in relation to the matters detailed in the deputyship application.
The report must have been written less than six months before the application is filed, and the doctor must have seen the person less than 12 months before writing it. The doctor can submit the report online through iFAMS, or sign an affidavit with the report attached.
What is the definition of mental incapacity?
Under the Mental Capacity Act, a person lacks capacity in relation to a matter if, at the material time, they are unable to make a decision for themselves on that matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. The Act makes clear that it does not matter whether the impairment or disturbance is permanent or temporary.
Capacity is also assessed decision by decision. A person may be unable to manage investments but still able to decide where they want to live. Common causes include dementia and other neurodegenerative diseases, stroke, brain injury, serious mental illness and intellectual disability.
Where the need is temporary, the court can make short-term deputyship orders.
What kind of objections to deputyship can arise?
- The person who will become the subject of a deputyship order can object if they believe they have mental capacity and don’t need a deputy. They will need to make an official request to the court to be included as a party in the case, and they will also require an affidavit accompanied by a medical report which confirms their mental capacity. Legal representation is advisable.
- A relevant person associated with a vulnerable person can contest a deputyship application and request the court to be included as a party in the case. They will require an affidavit describing their interest in the case, and outlining the basis for their objections and must be present at the case hearing. A person objecting to the application is called the defendant.
Are there different types of deputies in Singapore?
There are two types of deputies: property and affairs deputies, who manage finances, assets and property and all the decisions surrounding these for the person lacking mental capacity, and personal welfare deputies, who have input into daily care and any medical treatment.
When the court appoints a deputy, it always prioritises the best interests of the person who will be the subject of the deputyship. The court considers the wishes of the person who lacks mental capacity, the suitability of the applicant, and the type and complexity of the decisions that need to be made.
The court can appoint more than one deputy who can act jointly or separately depending on the matters in question, and the court order will reflect this.
Is a deputyship the same as a Lasting Power of Attorney?
A deputyship can be used when an individual lacks mental capacity and has not made a Lasting Power of Attorney (LPA). An LPA and a deputyship are two different things, but they can be used to achieve the same end: protecting a vulnerable person. The absence of an LPA is often a trigger for applying for a deputyship.
With an LPA, the nominated person acting on behalf of a vulnerable adult is called a donee, not a deputy. A donee has a general power conferred by the LPA to make decisions in the donor’s best interests (the person granting the LPA). Whilst this principle also applies to a deputy, a deputy’s powers are defined by the court order which appoints them.
Since applying for an LPA is inexpensive and straightforward compared to deputyship, it is highly advisable that everyone should apply for an LPA whilst they have their full mental faculties in place. Singapore Citizens using LPA Form 1 pay no application fee to the OPG, though every applicant still pays a professional fee to the LPA Certificate Issuer who certifies the document. Having an LPA in place would remove the need for a deputyship application needing to be made in the event that someone becomes mentally incapacitated. Our article on the Lasting Power of Attorney in Singapore explains how to make one.
What changed in 2024 to 2026
- 15 October 2024: deputyship applications filed on or after this date are governed by the Family Justice (General) Rules 2024 and the Family Justice Courts Practice Directions 2024, which replaced the earlier rules. Some court forms were renumbered as a result, so older guides may cite forms that no longer apply.
- February 2026: the Ministry of Social and Family Development told Parliament that deputies can now submit their annual reports online, with a built-in finance tracker, and that the OPG runs monthly workshops and offers help with filing. The annual reporting duty itself has not changed.
- 1 April 2026: LPA Form 1 became free of application fees for Singapore Citizens (it had previously been waived for a limited period). This makes the LPA an even cheaper alternative to a future deputyship application.
Common questions
How long does a deputyship application take in Singapore?
The Family Justice Courts indicate about four to six weeks for a simplified application and three to four months for a standard one, provided the papers are complete and the case is not complex. Objections, missing consents or an outdated medical report will add time.
How much does deputyship cost?
Court filing fees are about S$40 to S$50 on the simplified track and about S$300 to S$500 on the standard track. The medical report is charged separately by the doctor or hospital and is often the larger cost. Legal fees, if you instruct a lawyer, are on top.
Can I withdraw money from my parent’s bank account urgently before a deputy is appointed?
There is a separate emergency route for a one-time withdrawal of up to S$5,000 from the person’s bank account, for a court fee of S$40. A doctor must first file the medical report online, the person’s immediate family must agree, and the application is made at selected DBS or POSB branches. The court typically responds within three working days if the form is in order.
Do I need a lawyer for a simplified deputyship application?
Not necessarily. The simplified track is designed for families to file themselves through iFAMS. A lawyer becomes more useful where a relevant person will not consent, the orders needed go beyond the simplified track (for example, selling property or dealing with larger sums), or the family disagrees about who should be deputy.
Final thoughts on deputyship
A deputyship plugs the gap for vulnerable people where there is no Lasting Power of Attorney and protects children who lack mental capacity if anything happens to their parents.
Even if no apparent family member or friend is available for the role, the court can appoint a professional third party to act. Legal advice and representation are essential for the court process.
Applying for a deputyship can seem daunting. However, an experienced family lawyer will be able to handle all the formalities, collate relevant documents, and effectively state the case for deputyship in court.