Kith & Kin

Deputyship

Deputyship applications from S$3,000 onwards.
To find out more, drop us a message and we’ll be happy to help.

man's hand holding a ball while thinking about deputyship

Deputyship Singapore

When you don’t make a Lasting Power of Attorney (LPA) and you lose the mental capacity to exercise your own autonomy over your personal welfare and/or property and affairs, the Mental Capacity Court will appoint a “Deputy” – a person authorised to step into your shoes and represent you to manage your personal welfare and/or property and affairs.

The Deputy can be a family member or someone who knows you well. The Deputy will be supervised by the Office of the Public Guardian (OPG). The OPG also has a panel of independent professional Deputies who may be appointed in unusual or complex cases. Our lawyers understand that acting in this role can be emotionally and practically challenging. Our services are designed to make the process as stress-free as possible.

Why Choose Us

Our team is led by Shen Kiat TAN, a Society of Trust and Estate Practitioner with Singapore’s first dedicated multi-disciplinary practice to the representation and support of vulnerable adults. Shen, together with another close colleague has completed the STEP Advanced Certificate in Advising Vulnerable Clients. He is one out of the only 2 lawyers in Singapore to hold this respected UK industry-standard qualification.

Shen is also a registered member of the Office of the Public Guardian’s panel of professional deputies and is recognised by the Public Guardian to be a subject-matter expert in his area. He has conducted numerous training workshops for other professionals and member of the public. In 2020, Shen hosted a webinar with the Public Guardian on Deputyship.

Our Commitment to Transparent Pricing

For deputyships that qualify for filing through the simplified route, our clients pay us S$3,000 plus additional costs.

Additional costs: Medical Report from Doctor certifying lack of mental incapacity. For bespoke and complex deputyships, our clients pay from S$4,500 onwards plus additional costs.

Additional costs: Medical Report, Court filing fees, Commissioner of Oaths fees, printing costs and other disbursements. For more complex deputyships, our professional fee will be adjusted upwards. We will provide a fee quote after the initial consultation so that you will have price clarity.

Why Do You Need a Deputyship?

When you lose mental capacity without an LPA set in place, or you are someone with special needs and suffer from some form of learning and intellectual disability, then you may need a Deputy who will consult with all the relevant parties, and make medical and other personal welfare decisions in your best interests.

The appointed Deputy may also be given powers to manage your property and other financial resources in your best interest. This may include ensuring that you can live as independently as possible, continue to pursue your goals, as well as to thrive and flourish.

On the occasion, specific and ad-hoc orders are required. These may involve dealing with the transaction of immovable property, or making an insurance claim of someone who is vulnerable.

What You Need to Know About the Deputyship Application Process

What is the Difference Between a Lasting Power of Attorney and a Deputyship?

An LPA is made by someone before they lose mental capacity. A Deputyship is an application to the Court to decide who should be the representative of someone who has already lost mental capacity and does not have an LPA.

When Is a Person Considered to Be Under Mental Incapacity?

The most basic definition of mental incapacity is the inability to make a decision for one’s self. This is further characterized by the law as the lack of the ability to:

  • understand the information relevant to the decision;
  • retain that information;
  • use or weigh that information as part of the process of making the decision; or
  • communicate their decision (whether by talking, using sign language or any other means).

What Do I Need to Prepare if I Want to Be Appointed as a Deputy?

The mental capacity law requires your donee to be at least 21 years of age, not bankrupt, and of sound mind. You can choose to have more than one donee and specify whether they should act jointly (together) or jointly and severally (either together or separately).

Frequently Asked Questions

Here are some commonly asked questions about the Deputyship Application process. Should you have specific requirements or questions, please get in touch with us and we would be happy to assist you.

It depends on the complexity of the application and the homework put in by the prospective Deputy. About 50% of our applications are concluded within 6 months from the initial consultation.

Arrange for a consultation with our Head of Mental Capacity Law to explore your options. Shen Kiat TAN is on the OPG panel of professional Deputies.

Schedule an appointment with us today.