When a family member loses mental capacity and no Lasting Power of Attorney is in place, nobody has automatic authority to manage their affairs. Not a spouse, not a child. Authority has to come from the court.
A deputyship application asks the court to appoint one or more deputies to make decisions for that person, and the powers granted are a matter for the court. Yeo Marini Law Corporation guides families through the process, which usually arrives at an already difficult time.
When a deputyship is needed
Typically after a stroke, an accident causing brain injury, advanced dementia, or where an adult child has a condition meaning they will never acquire capacity to manage their own affairs.
The practical triggers are usually concrete: a bank refuses to release funds, a property needs to be sold to pay for care, CPF monies need to be accessed, or medical decisions need to be made and the hospital asks who has authority.
Capacity is decision-specific
A person is not simply “capable” or “incapable”. Capacity is assessed in relation to a particular decision at a particular time, and a person is assumed to have capacity unless it is shown otherwise. Someone may be able to decide what to eat but unable to decide whether to sell a flat.
An unwise decision is not by itself evidence of incapacity. This distinction matters, and families sometimes reach for a deputyship when it is not warranted.
What the application involves
- A medical report from a doctor assessing the person’s capacity, in the prescribed form
- An affidavit from the proposed deputy setting out the circumstances, the person’s assets and needs, and why the orders sought are appropriate
- Notice to relevant family members, who are entitled to know and to object
- The application itself, filed in the Family Justice Courts
- A hearing, though many uncontested applications are dealt with without extensive argument
What powers to ask for
This is where advice earns its keep. Deputyship orders generally confer specific powers rather than general authority, and the powers you ask for should match what actually needs doing.
Common powers include operating bank accounts, applying for and receiving CPF monies, dealing with property including sale, making decisions about care and residence, and consenting to medical treatment. Asking for too little means returning to court. Asking for too much invites scrutiny.
Duties of a deputy
A deputy is not free to do as they wish. They must act in the person’s best interests, keep the person’s property separate from their own, keep proper accounts, and may be required to report to the Office of the Public Guardian.
Where more than one deputy is appointed, the order will specify whether they act jointly or jointly and severally. Families with a history of disagreement should think hard about this before applying.
Where there is disagreement
Deputyship applications are not always uncontested. Siblings may disagree about who should act, or whether the person has in fact lost capacity, or about how assets should be handled. We also act where an existing deputy is alleged to have failed in their duties, and in applications to vary or revoke a deputyship order.
The better alternative, while there is still time
If your family member still has capacity, a Lasting Power of Attorney is faster, cheaper and gives them the say in who acts for them. We can advise on wills and LPAs at the same time.
Common questions
When is a deputyship application necessary?
Where a person has lost mental capacity and no Lasting Power of Attorney is in place. Nobody has automatic authority to manage their affairs, not a spouse and not a child. Authority has to come from the court.
Is a person either capable or incapable?
No. Capacity is assessed in relation to a particular decision at a particular time, and a person is assumed to have capacity unless it is shown otherwise. An unwise decision is not by itself evidence of incapacity.
What powers does a deputy have?
Deputyship orders generally confer specific powers rather than general authority. Common powers include operating bank accounts, applying for and receiving CPF monies, dealing with property including sale, making decisions about care and residence, and consenting to medical treatment.
Speaking to us
Nothing on this page is legal advice for your situation, and contacting us does not by itself create a solicitor and client relationship. To discuss a deputyship application, contact us by telephone, email or WhatsApp. You may also wish to read about our other practice areas or meet our team.