Get Legal Assistance for Deputyship & Applications under Mental Capacity Act in Singapore
“A nation’s greatness is measured by how it treats its weakest members.”
– Thomas Jefferson
The Mental Capacity Act Explained: Who Needs It & Why?
The Mental Capacity Act (MCA) 2008 in Singapore provides a legal framework to support individuals who lack the capacity to make decisions for themselves due to conditions such as dementia, intellectual disabilities, or brain injuries. This Act ensures that their personal welfare, financial matters, and medical decisions are handled in their best interests. If a person loses mental capacity without a Lasting Power of Attorney (LPA) in place, family members may need to apply for deputyship through the court to make critical decisions on their behalf. Understanding when and how the MCA applies can help families plan ahead and ensure the well-being of their loved ones.
Get Legal Support for Mental Capacity Act Applications in Singapore
At Bhavini S Law Practice, we can represent you in the following applications under the Mental Capacity Act 2008 in relation to a person who is allegedly mentally incapacitated (“P”).
We can represent you in the following applications under the Mental Capacity Act 2008 in relation to a person who is allegedly mentally incapacitated (“P”).
Secure Your Future with a Lasting Power of Attorney in Singapore
Application for the Court to determine the validity of the Lasting Power of Attorney under section 17 of the Act.
The court may determine any question relating to:
- whether one or more of the requirements for the creation of a lasting power of attorney have been met;
- whether the power has been revoked or has otherwise come to an end.
Application for the Court to determine the operation of the Lasting Power of Attorney under section 18 of the Act.
The court may determine any question as to the meaning or effect of a lasting power of attorney or an instrument purporting to create one.
The court may :
- give directions with respect to decisions:-
- which the donee of a lasting power of attorney has authority to make; and
- which P lacks capacity to make;
- give any consent or authorisation to act which the donee would have to obtain from P if P had capacity to give it.
Understanding the General Power of Court in Singapore
Application to seek the Court’s declaration on P’s capacity to make decisions or on the lawfulness or otherwise of an act in relation to P under section 19 of the Act
The court may make declarations as to:
- whether a person has or lacks capacity to make a decision specified in the declaration;
- whether a person has or lacks capacity to make decisions on the matters described in the declaration;
- the lawfulness or otherwise of any act done, or yet to be done, in relation to that person where the “act” includes an omission and a course of conduct.
Applying for the Appointment of a Deputy
Application for an appointment of deputy or for the Court to make decision on behalf of P under section 20 of the Act.
If a person (“P”) lacks capacity in relation to a matter or matters concerning P’s personal welfare and/or P’s property and affairs, the court may:
- by making an order, make the decision or decisions on P’s behalf in relation to the matter or matters; or
- appoint a person i.e. a deputy, to make decisions on P’s behalf in relation to the matter or matters.
Application for an appointment of deputy or for the Court to make decision on behalf of P where P is a minor, below 21 years old under section 21 of the Act.
If the court considers it likely that P will still lack capacity to make decisions in respect of matters relating to P’s personal welfare and/or property and affairs when P attains the age of 21 years, the court may:
- by making an order, make the decision or decisions on P’s behalf in relation to the matter or matters; or
- appoint a person i.e. a deputy, to make decisions on P’s behalf in relation to the matter or matters.
Application to VARY an order made by the Court for an appointment of deputy and the powers granted in the order due to a change of circumstances since the order was made that necessitates varying the orders or making new orders.
Frequently Asked Questions About Deputyship &
Applications under Mental Capacity Act
Before my father was diagnosed with Dementia, he made an LPA (Form 1) in which he opted that in the event his HDB property had to be sold to support his medical expenses, his Donee (me) must obtain the Court’s approval to do so. How can you help me with this?
We certainly can. We will file an application under the relevant provisions of the Mental Capacity Act to seek the Court’s authorization for the sale of the flat and the manner in which the sale proceeds will be managed for the benefit and interest of your father.
Can I be appointed as Deputy?
Case Study 1:
My uncle has recently suffered a stroke and the doctor has confirmed that he can no longer make decisions for his personal welfare and property and affairs. He did not make an LPA. He is single. He has an insurance policy that has matured and the insurance company is asking him to sign some documents for the payment to be released to him. I informed the company about my uncle’s mental condition. They now insist that payment will only be made if there is a court order clearly stating who is the court- appointed deputy for my uncle and to which account name the payment be made to. His older siblings are not capable to look after his affairs and be appointed as his Deputy. Can I apply to be appointed as his Deputy?
You will have to get the Court’s permission to be appointed as his Deputy and you will have to seek all relevant powers and authority to open a bank account in your uncle’s name, to receive the payment from the insurance company, sign all the relevant documents as required by the insurance company and to manage the monies for your uncle’s interest and benefit.
We can help you with this. Call us today.
Case Study 2
My son was diagnosed with the Norrie disease soon after his birth. He remains non- verbal till date and has a mind of a 2 year old. He will turn 21 years old next year. Can I apply to be his deputy to make personal welfare and financial decisions for him when he turns 21 years old as he will be an adult then?
Yes, you may. We can assist you with this and assure you that you will have a continuity in decision making for him when he becomes an adult. Speak to us today if you are in a similar situation.