What is a Deputy?
A deputy is appointed by the Court to make decisions on behalf of a person who lacks mental capacity when the person has not made a Lasting Power of Attorney (LPA) and does not have a donee to decide on his /her behalf in respect of those decisions.
A deputy can be an individual or a licensed trust company under the Trust Companies Act (Cap.336), as prescribed by the Mental Capacity Regulations.
Deputies must submit annual reports to the Office of the Public Guardian (OPG) to explain the decisions and expenses they made on the person’s behalf.
These websites have more information on how to apply for deputyship:
Here are two scenarios that differentiate between doneeship and deputyship:
Scenario A: Doneeship
Mdm Tan has recently been diagnosed with dementia. She learns that as her condition progresses, she may eventually lose mental capacity, and be unable to make key decisions, such as buying a property, or transferring ownership of her personal assets. She wants to appoint someone she trusts to manage her affairs when she no longer has mental capacity. Under the assessment of a geriatrician, she has been assessed to have mental capacity to make an LPA. She chooses to appoint her son and her sister as donees (persons who will manage her affairs on her behalf when she loses mental capacity) for her LPA.
Scenario B: Deputyship
Mr Lee was diagnosed with dementia two years ago. His only daughter, who has been living overseas and recently returned to Singapore, wants to ensure her father’s affairs are managed well. She learns that her father has not made an LPA. His regular physician assesses that Mr Lee is now at a moderate to late stage of dementia, and that he no longer has the mental capacity to make an LPA. Mr Lee’s daughter discusses his options with a social worker and learns that she can apply to the court to be a deputy of her father. After application, the Court will decide whether Mr Lee’s daughter can be a deputy and may appoint her to be Mr Lee’s deputy.
Professional Deputies
The Professional Deputies and Donees (PDD) scheme aims to serve individuals who may not have family members or close friends to rely on to be their proxy decision makers. This scheme came into effect in September 2018.
In the case where a person has lost his/her mental capacity, has not appointed a donee, and others (such as next-of-kin) do not apply to appoint a deputy for this person, the Family Justice Courts can appoint a professional deputy for this person.
Professional deputies and donees:
- are paid for their services;
- must not be related to the person they are appointed to act for;
- must submit annual reports to the Office of the Public Guardian to explain the decisions and expenses they made on the person’s behalf; and
- must be an eligible professional from a professional group specified by the Mental Capacity Act (lawyers, doctors, accountants, allied health professionals, nurses, or social workers).
For more information on the Professional Deputies and Donees scheme, visit this page by the Office of the Public Guardian. A list of registered professional deputies and donees can also be found here.
Additional Resources
My Legacy
This is a Singapore government website which contains information on end-of-life planning. Find out more on making a LPA. This page is also available in Mandarin (中文), Malay (Melayu), and Tamil (தமிழ்).
Ask the Experts – Planning Ahead: Finances & Legal
This video by AIC addresses some financial and legal concerns such as how to address frozen assets and how the LPA works.
Source: Agency for Integrated Care
Webinar on Deputyship Duties
This 50-minute webinar is a guide on the duties of a deputy. This webinar includes information about the deputy’s roles and responsibilities towards the person they act for, how they should understand and comply with their court order, and how to fill out the deputy report form.
Source: Ministry of Social & Family Development