Persons Appointed by the Court: Deputies

The application to Court for Mental Capacity Action (MCA) is required when no Lasting Power of Attorney (LPA) has been registered so as to empower one to manage the personal welfare, property and affairs for the Principal(P). These persons who are empowered to act on behalf of P are known as “Deputies”.

Duties of Deputies

The intended deputies are required to keep statements, vouchers, receipts and other financial records in the administration of P’s property and affairs. These include all bank statements, financial statements from SGX, and evidence of all expenses incurred for P in respect of medical bills and receipts of any housing or care arrangements.

Further, the deputies are also jointly required to keep a record of decisions made or acts done relating to P property and affairs.

Considerations in the Application

In an MCA Application, the consent of relevant persons in P‘s life would have to be obtained. The Court also considers the benefit to the person to whom the application relates of the proposed order or direction, such as whether a Will was executed in favour of the Deputy that is intending to be appointed.

Who Are “Relevant Persons”?

“Relevant persons” as defined by the Family Justice Rules Practice Directions 2015 refers to :-

“Persons who have an involvement in P‘s life and/or who are likely to have an interest in the application. Often, P‘s immediate family members, by virtue of their relationship to P, are likely to have an interest in being notified that an application has been made to the Court concerning P.

‘Relevant persons’ for the purpose of Rule 179 of the Family Justice Rules will therefore often include the following immediate family members:
(a) P‘s spouse;
(b) P‘s children (aged 21 and above)
(c) P‘s parents or guardians; and
(d) P‘s brothers and sisters (aged 21 and above)

Why Choose Hoh Law Corporation?

Our firm is one of the pioneers in filing for MCA applications in the Family Justice Courts, and had also previously been invited to discuss changes to the Mental Capacity Act.

We are experienced in handling mental capacity applications and pledge to quickly resolve your application in a comprehensive and trustworthy manner.

WE ARE HERE TO HELP

As Singapore’s largest community law firm, HOH Law Corporation brings legal services to the masses and the ordinary man on the street. With island-wide offices and a team of committed legal professionals, our mission is to deliver affordable and quality legal services by dedicating our legal experiences and extensive resources to achieving the best outcome for every client.