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As leading family law specialists, we often help clients to appoint a court-appointed Deputy under the Mental Capacity Act to act for a person who lacks mental capacity. Our fees start from $2900.
If you are applying for a Mental Capacity Act Order restricted to the use of monies of S$60,000 and below
From 3 Oct 2019, applications for deputyship court orders involving a use of monies of up to $60,000 or a matter listed in Annex A of this Family Justice Courts’ Quick Reference Guide qualify for the simplified filing track.
Under this track, applications can be filed online through the Family Justice Courts’ Integrated Family Application Management System (iFAMS) using SingPass.
There are two types of deputyship orders that can be applied for, depending on the situation:
- Limited short-term urgent orders
- Long-term orders
Our fees are $2900 to help with the iFAMS application.
If you are applying for a Mental Capacity Act Order for the use of monies in excess of S$60,000
If your application doesn’t qualify for simplified filing, you will have to use the regular filing track. This is for applications where you are seeking the use of monies exceeding $60,000. This is the most common type of applications as the powers sought are comprehensive and you do not need to go back to court to seek another court order.
Our fees are from $3900 for the regular filing application.
Summary of our Fees for an Application under the Mental Capacity Act to Appoint a Deputy.
- $2,900 – iFAMS application (restricted to use of monies below $60,000).
- $3,900 – regular applications (where use of monies can be above $60,000).
- Our fees are applicable if there is no dispute among family members.
- Disbursements and GST are payable.
- Application takes about 6 months.
What is a Deputy?
A deputy is a court-appointed individual who is granted specific powers by the Court to make decisions for the benefit and welfare of a person who lacks mental capacity and who did not make a Lasting Power of Attorney (LPA).
Apart from taking care of the mentally incapacitated 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 the deputy had made for the person and how the deputy had used that person’s monies.
When is an Appointment of Deputy Needed?
You would need to apply to the court to appoint a Deputy if the person lacks mental capacity and there is no relevant LPA.
Parents of young children who have intellectual disabilities may also apply under the MCA for a Deputy. Typically, the parents are concerned about who will take care of their children should they (the parents) have anything unfortunate happen to them. The Mental Capacity Act allows parents of children with intellectual disabilities below the age of 21 to apply to the court to appoint a deputy to ensure that their child’s future care is arranged if the parents pass away or lose their mental capacity.
A Deputy is necessary if a person lacks mental capacity (example, has dementia or is in a coma). A court order appointing a deputy could allow a deputy to access their bank account to cover such expenses.
What a Deputy needs to know
Please discuss with family members whether it is necessary to apply for a Deputy to be appointed under the Mental Capacity Act.
Decide who is to be the deputy and how many deputies are required. There should not be any family disagreements over the choice of the Deputy.
Decide on the care and financial plan for that person (P), including:
- Where is P going to stay?
- Who will be taking care of P?
- What are the arrangements for paying for the expenses incurred for P?
- How long can P’s funds last?
- Check with various organisations on what powers they require in order for the deputy to perform certain transactions, such as the transfer of funds to/from P’s account.
You have to file your application for the appointment of a Deputy within six months of obtaining the medical report.
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“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.”
ABOUT PKWA FAMILY LAW
At PKWA Law, our Family Lawyers are consistently named as leading Singapore family lawyers by respected publications such as Asian Legal Business, the Straits Times, Singapore Business Review, Global Law Experts and Doyle’s Guide to Singapore Family Lawyers.
Contact us at tel 6854-5336 for a free first consultation.
The Lasting Power of Attorney
What is a Lasting Power of Attorney