When a loved one can no longer decide, and nothing was signed
The stroke, the diagnosis, the accident. Then the practical shock that follows the medical one: the bank won’t talk to you, the CPF can’t be touched, the care home needs a signature nobody is authorised to give. If your family member made a Lasting Power of Attorney in time, the person they chose steps in. If not, the route is deputyship.
I’m Wahab. I run A.W. Law LLC in Chinatown, and deputyship files are among the most practical work we do: a family that needs authority, a court process to get it, and a list of stuck decisions waiting at the end.
The first 10 minutes are free, and nothing commits you.
What deputyship in Singapore actually is
Deputyship is a court appointment under the Mental Capacity Act 2008. When a person lacks mental capacity, meaning they can no longer understand, retain, and weigh the information needed for a decision, and there’s no Lasting Power of Attorney in place, the Family Justice Courts can appoint a deputy to decide for them.
Deputies come in two kinds, and one person can be both:
- Property and affairs deputy. Manages money and assets: operating bank accounts, paying bills, handling insurance payouts, and, with specific court approval, selling property.
- Personal welfare deputy. Decides where the person lives and aspects of their care and day-to-day welfare.
The court order is specific: it lists what you may and may not decide. Deputies also answer to the Office of the Public Guardian, filing reports on the finances they manage. That oversight is a feature. It protects the person, and it protects you from accusations later.
One boundary worth naming: deputyship is for people who have lost capacity. If your family member still has capacity today, the right document is a Lasting Power of Attorney, made now, at a small fraction of the cost. Our post on Lasting Powers of Attorney in Singapore explains how, and our power of attorney guide covers the wider family of documents.
When a deputyship application is needed
The situations that bring families to us:
- Dementia that has progressed past the point where an LPA can validly be made.
- A sudden event: stroke, brain injury, an accident, with salary, savings, and insurance now unreachable.
- A child with intellectual disability turning 21, when parents’ legal authority to decide for them lapses and a deputyship continues it.
- A specific transaction that can’t wait: an insurance payout to receive, a flat that must be sold to fund care.
And the situation where I’ll advise differently: family conflict. If relatives disagree about who should control the money, a contested deputyship becomes expensive and slow. Sometimes joint deputies solve it; sometimes an independent professional deputy is the honest answer. We’ll tell you which at the first meeting, because a contested application entered casually is a year of everyone’s life.
If the person has died rather than lost capacity, the route is probate, a different process. And if what the family needs is broader estate planning, start at our wills and probate page.
What to expect, honestly
How long it takes.
A straightforward, unopposed application runs 3 to 6 months: the doctor’s capacity report, the affidavits, notice to family members, then the court’s consideration, usually on the papers. Contested applications take longer, sometimes much longer. Urgent single decisions can sometimes be dealt with ahead of the main order; raise them early.
How much it costs.
A straightforward application runs S$3,500 to S$6,500 in legal fees at A.W. Law, plus the doctor’s report and court fees. Larger estates, extra powers (like a property sale), or disputes push it higher. Fees in writing before any paid work starts. The 10-min Deputyship Discovery Session is free.
What’s the hard part.
Two things. The medical report first: it must address capacity in the specific terms the court needs, and getting it right the first time saves weeks. Second, the family conversation. Every immediate family member will be notified of the application, so the sibling you haven’t told will find out from a court document. Tell them first. Applications go smoothest when the family walks in aligned, and we’ll help you have that conversation if it’s a hard one.
How we handle deputyship at A.W. Law
- One lawyer, whole application. From the first meeting to the court order and your first OPG report.
- The doctor’s report done right. We brief the doctor on what the court needs so the report lands correctly the first time.
- Plain-English guidance on your duties. You’ll know exactly what the order lets you do and what needs further court approval.
- Bahasa, Tamil, or Mandarin discussions through the firm’s translation staff when that’s easier for the family.
- WhatsApp until 10pm on weekdays. Care decisions don’t keep office hours.
We’re at 133 New Bridge Road, #20-03 Chinatown Point. Two minutes’ walk from Chinatown MRT, Exit E.
What happens next
Book a free 10-min Deputyship Discovery Session using the form on this page, or message us on WhatsApp.
Bring the medical picture as you know it and the list of decisions that are stuck. You’ll leave knowing whether deputyship is the right route, who should apply, a realistic timeline, and the fee in writing. Nothing commits you.
