Deputyship / Mental Capacity Act (MCA)
Appointing a deputy is one of the things you can do to safeguard the interests of your family members in the case of intellectual disability and/or loss of mental capacity.
- By applying for a deputy, which may be the patient’s family or friend, the patient is granted the arrangement of their future care should their parents or guardians pass away; as well as the appointment of a trusted person with the authority to manage their assets and make other significant decisions regarding their welfare, property and affairs. The deputy should always act in the best interest of the person who lacks the mental capacity.
- The Mental Capacity Act (MCA), likewise, allows individuals to nominate others to make decisions on behalf of them if they are deemed unfit to do so. This could present in the form of an impairment such as a stroke, brain injury, severe dementia or learning disability. This is where the Lasting Power of Attorney (LPA) is used to call forth the Donee – the person in which the individual, known as the Donor, has chosen – to represent him in the management of his welfare, property and affairs.
- You will be able to make applications for deputyship court orders involving the use of monies of up to $60,000 or for matters listed under Annex A of provided by the Family Court. This can be done via the Family Justice Courts’ Integrated Family Application Management System (iFAMS) using your SingPass, and may take up to three (3) weeks to process.
- For matters involving the use of monies of above $60,000 or which are not listed in Annex A, you would be required to file an application in Court. We would then have to put your case together with the necessary documents such as medical reports, arrangements, information on property, and assets, among other things. This standard process involves engaging a lawyer to apply to Court, wherein a review is conducted to determine whether the deputyship can be granted to the appointed Donee. To find out more, speak to us.