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Before you file

Before you file, make sure you:

Key facts

If you file an application, you are the applicant.

The person for whom you are applying to be a deputy is P.

Refer to the following on how to file a standard deputyship application with the Family Courts.

Who can apply

Applicants who wish to be appointed as a deputy for a family member or friend who lacks mental capacity.

Documents required

Refer to the full list of documents.

Estimated filing fees

Refer to this table for the estimated filing fees.

How to apply

Through eLitigation.

How long it takes

Most standard deputyship applications at the Family Courts conclude within 3 to 4 months, unless there are incomplete submissions, complex circumstances or objections to the application.

Note

You may choose to file the deputyship application yourself or engage a lawyer. Find out where to get help.

What you will need

You will need to prepare these documents:

In the Originating Summons (Form 217, FJC Practice Directions), you will need to state clearly what sort of powers you are seeking.

  • If you are applying for powers related to P's Central Provident Fund (CPF) matters, refer to these sample CPF orders (DOC, 50 KB).

In the applicant's affidavit (Form 218, FJC Practice Directions), you need to list the personal particulars of all relevant persons to P.

You may need to include additional information in the following situations:

  • If there are no relevant persons other than P's immediate family members, you must state so in the affidavit.
  • If there are relevant persons whom you regard should not be notified of the application, you need to provide the reasons in your affidavit. For example, certain members of P's family have had little or no involvement in P's life and show no inclination to do so. In such cases, you need not serve your application on these persons.

Note: You must swear or affirm the affidavit before a Commissioner for Oaths.

You will need a medical report from a doctor to certify that the patient for whom you are applying to be a deputy lacks mental capacity. The report must be dated within the last 6 months of your application.

The doctor must provide the report by signing an affidavit, prepared according to Form 224 of the FJC Practice Directions. A hard copy of the medical report must be attached to the affidavit.

Note: The doctor must appear before a Commissioner for Oaths to swear or affirm the affidavit.

Relevant persons are people who have an involvement in P’s life and are likely to have an interest in your deputyship application. They are usually P's immediate family members. Find out more about relevant persons.

You should inform the relevant persons of your application. If they consent to your application, you must file their written consent according to Form 221 of the FJC Practice Directions with your application.

Note: The relevant person must swear or affirm the consent form before a Commissioner for Oaths.

If a relevant person does not consent, you will need to serve your application on them after filing.

Estimated filing fees

The estimated filing fees include:

Item or service

Fee

File the Originating Summons

$60

File an affidavit

  • (Up to 10 pages) $10
  • (More than 10 pages) $1 per page

File a relevant persons' consent form

$10

Please note that this table does not include the following fees:

How to file

You may choose to file personally or through a lawyer. If you are represented by a lawyer, the application will be filed by your lawyer.

If you are representing yourself, follow these steps to file the application.

Step

Result

1. File the application

Your application is filed in the Family Courts.

2. Collect the endorsed documents

You receive a copy of the application documents that have been endorsed by the Family Courts.

3. (If applicable) Serve the application on the relevant persons

You inform the relevant persons of your application and give them a copy of the application documents.

Visit the LawNet & CrimsonLogic Service Bureau to file all your prepared documents through eLitigation.

The Service Bureau will notify you via email or SMS of the outcome of your application.

If the court accepts your application documents, you will be asked to return to the Service Bureau to collect an endorsed version of the documents, which will contain the date and time of a court hearing for your application.

If there are relevant persons who have not consented to your application, you will need to serve a copy of your application documents on them. This informs them of your application.

In addition to the documents you have filed, you will need to include a Notice to Relevant Person (Form 222, FJC Practice Directions).

You may serve the documents in any of the following ways:

Within 8 days after you serve, you must file an affidavit of service through eLitigation. (1)

Note

If you have filed the consent (according to Form 221 of the FJC Practice Directions) for a relevant person, you do not need to serve your application on them.

There may be relevant persons whom you regard should not be served with the application. For example, family members who have had little or no involvement in P's life, and show no inclination to do so. In such cases, you need not serve your application on them. However, you will need to provide the reasons in your applicant's affidavit.

After you file

If your application is in order, it may be approved without a hearing. The court will inform you via eLitigation. (If you are not represented by a lawyer, you will be notified via post.)

You will then need to extract the order through eLitigation. This means requesting an official copy of the order. If you are not represented by a lawyer, you will need to visit the LawNet & CrimsonLogic Service Bureau to extract the order.

If the court needs further clarifications or another party has filed objections to your application, the court may inform you to attend a court session.

Need help?

The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.

Find out more

Resources

Refer to the deputyship brochure: 

Related questions

If you wish to name someone to take over from you as the deputy in the event that you are no longer able to serve as the deputy, you will need to file the Successor Deputies' Affidavits (Form 220 of the FJC Practice Directions).

Go to Step-by-step guide

Step-by-step guide

2021/07/23

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