PKWA Law was recently named in a survey conducted by the Straits Times as one of “Singapore’s Best Law Firms’ in the area of family law.

As a leading family law firm in Singapore, we frequently act for families who wish to apply for a court-appointed Deputy under the Mental Capacity Act (MCA) for a person who lacks mental capacity.

When a person does not have a Lasting Power of Attorney (LPA) and loses mental capacity or a person has special needs and suffers from learning and intellectual disability, then it is not uncommon for family members to apply to the court to appoint a Deputy under the Mental Capacity Act (MCA). The Deputy is usually a family member who will make medical and other personal welfare decisions in that person’s best interests.

Apart from taking care of the person’s personal needs and financial affairs, the Deputy is also required to submit an annual report to the Office of Public Guardian to explain what decisions he/she had made for the person and how he/she had used the person’s monies.

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How long does a Deputyship application take?

Most applications for appointment of a deputy are completed within 3 to 6 months.

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Our Fees for an Application under the Mental Capacity Act to Appoint a Deputy.

• $3,900
• Our fees are not applicable if there is a dispute among family members.
• Disbursements and GST are payable.

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Our work includes:

1. Filing the Originating Summons

An originating summons is an application used to commence proceedings. This form includes:

• A declaration that the person lacks the capacity to make decisions for himself/herself.
• Who the proposed deputy (or deputies) are.
• What powers the proposed deputy (or deputies) are seeking.
• Whether the proposed deputies are acting jointly or severally.
• That the person lacks capacity in areas such as personal welfare, health or financial affairs.

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2. Preparing the Supporting Affidavit

The supporting affidavit must be filed with the originating summons.

We will help you to put together the following supporting documents:

• What is the Deputy’s relationship with the person – Birth Certificate, Marriage Certificate.
• Documents showing the person’s assets.
• Office of the Public Guardian search result showing if the person has registered a Lasting Power of Attorney.
• Search result showing from the OPG to show there have been no previous Mental Capacity Act orders made.
• Wills Registry search result showing if the person has registered a will; and
• A copy of the person’s will (if any).

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3. Preparing the Doctor’s Affidavit & Medical Report

For obvious reasons, it is mandatory to include a specialist doctor’s medical report. The doctor must give an opinion that the person lacks mental capacity.

This medical report must be made within 6 months before applying to the court.

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4. Granting of the Deputyship Court Order

You can expect the whole process to be completed within 3 to 6 months.

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Lydia Lim

Positive: Professionalism, Quality, Responsiveness, Value

“My family and I are stoked that PKWA Family Law has helped us so much in the matter where MCA is concerned, we struggled with our previous lawyer who was not only sloppy in their work but defensive. A lot of time was wasted while the case was developing. When we switched to PKWA, we were wowed by the efficiency and responsiveness of all legal personnel involved in our matters. We saw the light at the end of the tunnel just within a timeframe of fewer than 2 months. Everything was swift and precise. Thank you, Charlene, Christina and Mingli for the hard work.”

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