Deputy MCA Online Application in Singapore
Use our Deputy MCA Online form to begin a deputyship application in Singapore, where an adult family member has lost mental capacity and made no Lasting Power of Attorney. A Deputy is appointed by the Family Justice Courts to make certain decisions for a person who lacks mental capacity. This is needed when the person has not made a Lasting Power of Attorney (LPA), so there is no Donee to decide on his or her behalf. A Deputy is usually an individual as prescribed by the Mental Capacity Regulations. The application for deputyship is made under section 20 of the Mental Capacity Act.
Do you wish to engage Loh Eben Ong LLP for a deputyship application for an adult family member (P) who lacks mental capacity? If so, please submit your Application below. Alternatively, you may wish to contact us to arrange a consultation with our lawyer.
What a deputy under the Mental Capacity Act can do
The Family Justice Courts may authorise a deputy to decide on personal welfare, on property and affairs, or on both. Consequently, the court order sets out exactly what the deputy may do.
- Personal welfare, for example where P lives, and consent to medical treatment.
- Property and affairs, for example operating bank accounts, paying bills and collecting rent.
- Dealing with P’s CPF monies and insurance, where the order allows it.
- Selling or letting P’s property, where the court gives that specific authority.
When you need a Deputy MCA Online application
You need a deputyship order when P already lacks capacity, and when P made no LPA. However, if your family member still has capacity, an LPA costs far less and takes far less time. Therefore, please consider our Lasting Power of Attorney Online service instead.
Documents for a Deputy MCA Online application
- A medical report on P’s mental capacity, prepared by a registered medical practitioner.
- P’s identity documents, together with the identity documents of each proposed deputy.
- Details of P’s assets, income, liabilities and expenses.
- The names of P’s close relatives, because the court expects them to receive notice.
- Written consent from the relatives who support the application, where available.
Moreover, the court may appoint more than one deputy, and it may impose conditions such as annual reporting.
How the Deputy MCA Online process works
First, submit the form below with P’s particulars and the family position. Second, we advise on the medical report, and we prepare the affidavits and the supporting papers. Third, we file the application at the Family Justice Courts. Finally, once the court grants the order, we extract it and explain the duties that follow.
In addition, the Office of the Public Guardian supervises deputies, so every deputy must keep proper records.
Deputy MCA Online: frequently asked questions
Who can act as a deputy?
Usually a close family member, for example a spouse, an adult child or a sibling. Nevertheless, the court may appoint a professional deputy where the family cannot agree.
How long does a deputyship application take?
Straightforward applications often conclude within a few months. However, contested applications take considerably longer, because the court must hear the objections.
Can a deputy sell the flat or house of P?
Only where the court order gives that specific authority. Therefore, please tell us at the outset if a sale is likely.
Is a Deputy MCA Online application the same as an LPA?
No. A donor makes an LPA while he still has capacity. In contrast, the court appoints a deputy after capacity has already gone.
What duties does a deputy owe?
A deputy must act in the best interests of P, keep the monies of P separate, and account for what he does. In addition, the deputy must comply with every reporting condition in the order.
Speak to our Singapore deputyship lawyer
Loh Eben Ong LLP acts in deputyship applications from 135 Middle Road, #05-11 Bylands Building, Singapore 188975. Alternatively, please call +65 6338 1810 during office hours, or check our Deputy MCA quote. Meanwhile, you may compare deputyship with a Lasting Power of Attorney. This page gives general information only, and it is not legal advice.