LPA vs Deputyship – The Cost of Not Planning Ahead
Lasting Power of Attorney
Made while you have mental capacity
Takes effect immediately when needed
Simple court-free process
Lower cost
You choose your donee
Registered with OPG before use
Timeline to activate: Days to weeks
Vs
Deputyship Order
Required because no LPA was made
Court application needed
Medical assessment required
Higher legal and court fees
Annual reporting to OPG
More restrictions on Deputy’s powers
Timeline: 3 – 5 months minimum
mysglawyer.com | Johnathan Lee, Advocate & Solicitor
Deputyship Applications in Singapore
When a family member loses mental capacity and did not make a Lasting Power of Attorney in time, the family cannot simply step in to manage their affairs. Singapore law requires a court-appointed Deputy. I help families navigate this process through the Family Justice Courts – efficiently and with sensitivity.
What Is a Deputyship in Singapore?
A Deputyship is a court order made under the Mental Capacity Act (MCA) that appoints a person (the Deputy) to make decisions on behalf of someone who has lost mental capacity.
Deputies can be appointed to manage property and affairs (bank accounts, bills, CPF, HDB) and/or personal welfare (healthcare decisions, living arrangements). In most family situations, the application is for a property and affairs deputy.
Why Is a Deputyship Necessary?
Being a spouse, child, or sibling does not automatically give you legal authority to manage another person’s finances or property. Without a Deputyship, your family cannot:
- Operate, close, or access the person’s bank accounts
- Sell or transfer their property (including HDB flat)
- Manage or access their CPF savings
- Receive rental income or government benefits on their behalf
- Pay their bills and day-to-day expenses from their own funds
Could a Deputyship have been avoided? Yes – if your family member had made a Lasting Power of Attorney (LPA) before losing mental capacity, a Deputyship application would not be necessary. An LPA is simpler, faster, and significantly less costly.
The Deputyship Application Process
- Consultation – We assess the family member’s situation and confirm whether a Deputyship is required
- Medical assessment – A doctor’s affidavit confirming loss of mental capacity is required
- Court application – I prepare and file the Originating Application, supporting affidavits, and the proposed Deputy’s declaration with the Family Justice Courts
- Notification – Certain parties must be served and notified of the application
- Order of Court – If satisfied, the court issues a Deputyship Order specifying the Deputy’s powers
- Ongoing duties – Deputies must comply with reporting obligations to the Office of the Public Guardian (OPG)
A Deputy’s Ongoing Responsibilities
- Acting in P’s best interests at all times
- Keeping detailed accounts and records of all financial transactions
- Submitting annual reports to the Office of the Public Guardian
- Obtaining court approval before making major decisions (such as selling P’s property)
- Not making gifts or loans from P’s funds without court authorisation
Frequently Asked Questions
What is the difference between a Deputyship and an LPA?
An LPA is made by a person before losing mental capacity, appointing a trusted person to act for them. A Deputyship is a court order made after a person has lost mental capacity when no LPA was made. A Deputyship is more time-consuming, costly, and subject to more court oversight.
How long does a Deputyship application take in Singapore?
A straightforward application typically takes 3 to 5 months from filing to the grant of the Order. Urgent applications may be made on an expedited basis with the court’s leave.
Who can be appointed as a Deputy?
A Deputy must be at least 21 years old and a person of good character. The Deputy is usually a spouse, adult child, or sibling of the person who has lost capacity. Joint deputies can also be appointed.
What if family members disagree on who should be Deputy?
If the application is contested, the court will hear evidence from both sides and make a decision in the person’s best interests. I advise on navigating contested Deputyship applications.
Does a Deputy need to report to anyone?
Yes. Deputies are supervised by the Office of the Public Guardian (OPG). Most property and affairs deputies must submit an annual report detailing decisions made and accounts managed.
Concerned about a family member who has lost mental capacity?
Contact Johnathan Lee, Advocate & Solicitor, for clear guidance on Deputyship applications. Get in touch today.