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.
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) P's grandparent or parent
(b) one of the following persons who is at least 21 years old:
When to apply
Within 6 months of obtaining a medical report on P's mental capacity.
$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).
You may need to prepare the following for your application:
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. Applicants will be able to start the deputyship application after the medical report is approved. An email will be sent to applicant’s email upon approval of medical report. This may take 2 to 4 weeks. Please contact the MCA hotline at 6325 7619 if you do not receive the email notification after 4 weeks.
You need to file the application and required documents through iFAMS.
Refer to the following steps:
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).
Follow these steps to complete your application:
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.
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.
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).
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.
Please refer to The Mental Capacity Act: A Deputy's Guide published by the Office of the Public Guardian for more information on the duties and responsibilities of a deputy.
If the court has further questions regarding your application, you may be asked to file further documents or attend a court session.
You will not be appointed as P's deputy and cannot make decisions on their behalf.
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.
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
Legislation associated with this topic includes:
File an application, if needed