The short answer
If a family member has lost mental capacity and never made a Lasting Power of Attorney, nobody (not even a spouse or child) automatically has legal authority to run their bank accounts, sell their property or make major decisions for them. The family has to apply to the Family Justice Courts to appoint a deputy under the Mental Capacity Act 2008. A deputy can only do what the court order allows, must act in the person’s best interests, and reports to the Office of the Public Guardian. Simple, uncontested cases can use a simplified online process.
Why can the family not simply make an LPA now?
Because a Lasting Power of Attorney can only be made by the person themselves while they still have capacity. Once capacity is lost, that door is closed, and deputyship is the route left.
Under section 11(2)(c) of the Mental Capacity Act 2008, an LPA is not created unless, when the person signs it, they are at least 21 and have capacity to execute it.
Capacity is decided under a two-stage test. Section 4(1) asks whether the person is unable to make a decision for themselves because of an impairment of, or a disturbance in the functioning of, the mind or brain. Section 5(1) then explains what “unable to make a decision” means: the person cannot understand the relevant information, retain it, use or weigh it, or communicate a decision. Capacity is assessed decision by decision.
Section 3 adds the guiding principles: capacity is presumed until shown otherwise, an unwise decision is not proof of incapacity, and anything done for the person must be in their best interests and as little restrictive as possible.
What is a deputy, and what can the court authorise?
A deputy is a person appointed by the court to make specified decisions on behalf of someone who lacks capacity. The court can also simply make a one-off decision itself, and the Act prefers that where it is enough.
Under section 20(2), the court can decide by order or appoint a deputy. Section 20(4) prefers a court decision to appointing a deputy, and a deputy’s powers should be as limited in scope and duration as is reasonably practicable. This is why you ask for specific powers, not general control.
| Type of deputy | Examples of what the court can authorise |
|---|---|
| Personal welfare (section 22) | Deciding where the person lives, what contact they have with others, and giving or refusing consent to medical treatment |
| Property and affairs (section 23) | Managing property, selling or charging it, paying debts, running a business, dealing with CPF matters and conducting legal proceedings |
Who applies, and who can be appointed?
Typically a spouse, adult child or sibling applies to be appointed. The deputy must be an adult who agrees to act, and two or more family members can be appointed together.
Section 24 of the Act sets the rules. A family deputy must be an individual aged at least 21 who acts without payment (section 24(1)); professional deputies can also be appointed. Nobody can be appointed without their consent (section 24(3)). Where there are two or more deputies, the court can direct them to act jointly (all must agree), jointly and severally (any one can act alone), or jointly for some matters and severally for others (section 24(4)).
Applicants outside the categories listed in section 38(1) may need the court’s permission before applying. In XUP v XUQ [2025] SGFC 125 at [70], the Family Court noted that the person’s sister, as a blood relative, did not need permission, whereas a former spouse did.
How does the application work at the Family Justice Courts?
Obtain a doctor’s report confirming the person lacks capacity, then file a simplified or standard application. The simplified process suits uncontested cases with modest sums and listed powers.
| Point | Simplified process | Standard process |
|---|---|---|
| When it fits | All relevant persons consent; the powers sought are on the court’s list; money from the person’s funds up to $80,000 in total, with a separate limit of $60,000 for CPF monies | Someone objects, the powers or sums fall outside the simplified list (for example, selling a flat), or the case is complex |
| How to file | Online through iFAMS; the doctor submits the medical report online | Through eLitigation, with an originating application, the applicant’s affidavit and the doctor’s affidavit |
| Usual time, per the courts | 4 to 6 weeks | 3 to 4 months |
| Court’s estimate of filing fees | $40 to $50 | $300 to $500 |
The key steps, per the Family Justice Courts:
- Medical evidence. The doctor’s report must be recent: for the standard process it must be written less than six months before filing, and the doctor must have seen the person less than 12 months before writing it.
- Relevant persons. Typically the spouse, adult children, parents, adult siblings and carers. Each must either consent or be served with the application.
- Notifying the person. Under the Family Justice Courts Practice Directions 2024, notifying the person who lacks capacity is the norm. The court can dispense with it, for example where it would cause significant and disproportionate distress.
- Decision. Applications in order may be approved without a hearing; if the court needs clarification or someone objects, you may be called to court.
The Ministry of Social and Family Development has told Parliament that obtaining the medical report takes about one to three months. Meanwhile, a limited emergency one-time withdrawal of up to $5,000 from the person’s bank account is available where immediate family agree, and the CPF Board allows a caregiver to ask for up to $10,000 of the person’s CPF savings for maintenance while the application is pending.
What are a deputy’s ongoing duties?
A deputy must act in the person’s best interests, stay within the court order and report every year to the Office of the Public Guardian.
Section 25(5) makes a deputy’s authority subject to the principles in section 3 and the best interests checklist in section 6. Section 6 requires the deputy to involve the person as far as possible, weigh their past and present wishes, beliefs and values, and consult family and carers where practicable. Under section 6(7), property decisions should aim to preserve assets, so far as reasonably practicable, for the person’s lifetime care costs.
The Public Guardian’s functions under section 31(1) include supervising court-appointed deputies and receiving their reports. The Ministry of Social and Family Development states that deputies must submit an annual report showing the decisions made and how the person’s property and affairs were handled. Keep receipts and records of every transaction from day one. If concerns arise, the OPG may investigate, place the deputy under closer supervision, or ask the court to suspend or revoke the appointment.
What can a deputy not do?
A deputy cannot make a will for the person, make gifts of their property, or act where the person actually has capacity for that decision.
- No will. Section 25(3)(d) bars a deputy from being given power to execute a will for the person. The court itself can order a will to be executed on the person’s behalf under section 23(1)(k), but that needs a separate application to court.
- No gifts, nominations or CPF nominations. Section 25(3) also bars a deputy from being given power to make gifts of the person’s property, or to make or revoke insurance nominations or CPF nominations and memoranda.
- Not where the person can decide. Under section 25(1), a deputy has no power over a matter if they know, or reasonably believe, the person has capacity for it.
- Life-sustaining treatment. A deputy cannot be given powers over the carrying out or continuation of life-sustaining treatment, or of other treatment that a healthcare provider reasonably believes is necessary to prevent a serious deterioration in the person’s condition (section 25(3)(g)).
What should the family do first?
Get the medical report moving, agree among yourselves who will apply, and work out precisely which powers you need.
Take a daughter whose father has had a stroke, and whose HDB flat and savings now need managing. She should:
- Book the medical assessment early. The report must be under six months old when you file.
- Speak to the family before filing. Consents from relevant persons keep the case uncontested. A joint appointment may suit siblings who all want a say.
- List the powers needed. Bank accounts, CPF, insurance claims, nursing home fees, and whether the flat is to be sold or rented. Selling a flat needs the standard process, and the court will ask whether a sale is needed to fund care.
- Think ahead. A deputy manages affairs during the person’s lifetime; after death, the estate is dealt with through the probate or administration process instead. See our guides on what happens when an HDB flat owner dies and the death to-do list.
The simplest protection is to make an LPA while capacity is still there. The person chooses who acts, and no court application is needed. Our complete guide to the Lasting Power of Attorney explains the process, and our note on the LPA fee waiver covers the application fee.
Frequently asked questions
Can I use my parent’s bank account if I am their next of kin?
No. Being next of kin gives no legal authority over another adult’s money. Without an LPA, you need a deputyship order, or a limited interim measure such as the $5,000 emergency withdrawal.
How long does a deputyship application take?
The Family Justice Courts give 4 to 6 weeks for simplified applications and 3 to 4 months for standard ones, longer if papers are incomplete or someone objects. Allow one to three months beforehand for the medical report.
Can two of us be appointed as deputies?
Yes. Under section 24(4) of the Mental Capacity Act 2008, the court can appoint two or more deputies to act jointly, jointly and severally, or jointly for some matters and severally for others.
Can a deputy sell the person’s HDB flat?
Only if the court order expressly allows it. Sale is not on the simplified list, so the standard process applies, and the court will consider whether a sale serves the person’s best interests and care needs.
Can a deputy make or change a will for the person?
No. Section 25(3)(d) of the Act prevents it. Only the court itself can order a will to be executed for the person, under section 23(1)(k), on a separate application.
What happens if the person recovers?
A deputy has no power over a decision the person can make for themselves (section 25(1)). If the person regains capacity, the family should ask the court to review the order, and fresh medical evidence will be needed.
About the author
Johnathan Lee is an Advocate and Solicitor practising at Fong & Fong LLC. He now focuses on wills, Lasting Powers of Attorney, deputyship, probate and estate administration, and employment law. He served as a prosecutor at the Ministry of Manpower, and later spent time assisting in his family’s funeral business.
He holds a Juris Doctor, awarded cum laude, from Singapore Management University, and a Bachelor of Arts in Sociology with a second major in Communication Studies, awarded Second Class Upper Honours, from Nanyang Technological University. He teaches business negotiations at James Cook University, Singapore Campus, as a sessional associate educator.
Need to act for a family member who has lost capacity?
Johnathan advises families on deputyship applications under the Mental Capacity Act 2008, and on Lasting Powers of Attorney and wills for those planning ahead. Get in touch to arrange a consultation.
Johnathan Lee, Advocate & Solicitor · 21 Merchant Road #04-00 Unit 502 Singapore 058267
This article is for general information only and is not legal advice. The law stated is as at October 2026.