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Before you file

Before you file, make sure you:

You will need to bring the patient (P) to see a doctor and obtain a medical report to certify P's lack of mental capacity. This report must be dated within the last 6 months of your application.

The doctor can provide a medical report dated through one of the following ways:

Submitting it online through the Integrated Family Application Management System (iFAMS)

Doctors may refer to the iFAMS user guide for doctors (PDF, 969 KB) for the step-by-step instructions on submitting the report.

After the doctor has filed the medical report on P, you have 6 months to complete your deputyship application.

Note: If the doctor enters your email address in the report, you will receive a notification when the court accepts the report.

Providing a hard copy with an affidavit

The doctor can provide a hard copy of the medical report by signing an affidavit, prepared according to Form 224 of the Family Justice Courts (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.

You can upload this affidavit in iFAMS when filing your application.

Key facts

If you are filing the 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 simplified deputyship application with the Family Courts.

Who can apply

A family member or friend of a person who lacks mental capacity.

When to apply

Within 6 months of obtaining a medical report on P's mental capacity.

Filing fee

$40 excluding medical report fee.

How long it takes

Applications are usually completed within 4 to 6 weeks, unless submissions are incomplete or the case is complex.

How to apply

Submit your application online through the Integrated Family Management System (iFAMS).

What you will need

You may need to prepare the following for your application:

  • The name, date of birth, and contact number of all of P's immediate family members and other relevant persons who are at least 21 years old.
  • Documents to prove that you are related to P. Examples include a marriage certificate, birth certificate or adoption order (where applicable).
  • Documents from P's doctor or dentist to show why you need to be authorised to consent for medical and dental treatment for P.
  • P's birth certificate.
  • P's latest bank statements.
  • Information regarding the care services to be engaged for P.
Note

If the doctor did not submit the medical report through iFAMS, you will need to upload a doctor's affidavit (Form 224, Family Justice Courts Practice Directions) that contains the medical report.

How to file

You need to file the application and required documents through iFAMS.

Refer to the following steps:

  1. Log in to iFAMS. Under the Mental Capacity Act section, click on Applications for long term order, followed by Application for appointment of deputy.
  2. Fill in the online form. You will need to choose which powers you are applying for and provide the relevant documents and supporting information related to these powers.
  3. Preview the form and confirm that all details are accurate before submitting it.

Note: For the step-by-step instructions on filing in iFAMS, refer to the iFAMS user guide (PDF, 3228 KB).

If you are filing the deputyship application with another person, the other applicant must log in to iFAMS separately to submit a declaration form.

Note: For the step-by-step instructions on submitting the declaration form, refer to the iFAMS user guide (PDF, 152 KB).

After you file

Follow these steps to complete your application:

Step

When to do it

1. Ask the relevant persons to indicate their consent

Within 3 months from the submission of your application form.

2. Pay the filing fee

After all the relevant persons have indicated their consent.

1. Ask the relevant persons to indicate their consent

Inform P's immediate family members and other relevant persons to log in to iFAMS to indicate that they consent to your application. They will need their Singpass to log in.

Note: For step-by-step instructions on providing consent, refer to the iFAMS user guide (PDF, 3228 KB).

Alternatively, you can upload scanned copies of the relevant persons' signed consents. This must be prepared according to Form 221 of the FJC Practice Directions.

All the relevant persons must indicate their consent within 3 months from the submission of your application form.

2. Pay the filing fee

After all relevant persons have indicated their consent, you will need to log in to iFAMS to pay the filing fee of $40. You will receive email and SMS notifications to make payment.

Note: For step-by-step instructions on payment, refer to the iFAMS user guide (PDF, 3228 KB).

Possible outcomes

If the court approves your application

If there are no issues with your application, the court will issue the deputyship order. You will receive it through the email address you provided through iFAMS.

You will be appointed as P's deputy. As a deputy, you will be regulated by the Ministry of Social and Family Development's Office of Public Guardian (OPG). You must submit annual reports to the OPG to explain all the decisions you made for P and how you had used P's monies for their benefit.

If the court has clarifications on your application

If the court has further questions regarding your application, you may be asked to file further documents or attend a court session.

If the court dismisses your application

You will not be appointed as P's deputy and cannot make decisions on their behalf.

After the court makes a decision

If you are not satisfied: appeal the order

If you are not satisfied with the court's decision, you may appeal to the Family Division of the High Court by filing a Notice of Appeal.

You need to file and serve the notice within 14 days after the date the order was made.

You must also provide security for the other party’s costs of the appeal. This will cost $3,000. Find out more about appeals.

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: 

Legislation associated with this topic includes:

Go to Step-by-step guide

Step-by-step guide

Understand what it means to be a deputy

(If needed) Attend court

2021/07/23

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