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This section provides a summary of the procedures for making an application for the appointment of a Deputy at the Family Justice Courts.
The information provided below is general in nature and is not intended as legal advice. The Family Justice Courts cannot provide legal advice or assist with drafting the contents of any document.
References to legislation
Making an application for the appointment of a Deputy
Information for Plaintiffs and Applicants
1. What is a Deputy?
A Deputy is a person appointed by the Court, who is given the authority to make decisions on behalf of a person who lacks capacity (“P”) in relation to his personal welfare and/or property and affairs.
2. What kind of Court documents should I file?
In order to be appointed as a deputy, you must file the following documents:
In the Originating Summons (Form 217 of the Practice Directions), you will need to state clearly what sort of powers you are seeking.
The Doctor's Medical Report must be current and dated not more than 6 months before the date of your application to the Court.
If there are Relevant Persons who have consented to your application, you must file their Consents (Form 221 of the Practice Directions).
If there are Successor Deputies (i.e. persons who will take over as Deputy in the event that the appointed Deputy si no longer able to serve as Deputy) named in your application, then you must file the Successor Deputies' Affidavits (Form 220 of the Practice Directions).
Please note that the Court may require further information from you and direct that you file a Supplementary Affidavit.
The documents are to be filed using the electronic filing service located at the Lawnet and Crimsonlogic Service Bureau at 133 New Bridge Road, Chinatown Point #19-01/02, Singapore 059413.
3. What happens after filing the Originating Summons?
You will be notified by the Court of the outcome of your application and of any further information that is required or documents that need to be filed. You will also be informed of when you need to come to Court for the hearing of your application.
Responding to an application for the appointment of a Deputy
Information for Defendants, Relevant Persons and Person alleged to lack capacity ("P")
1. What do you need to do if you are named as a Defendant and wish to object to the application?
You must file an affidavit stating the reasons for your objection within 21 days after being served with the Originating Summons, and you would also be required to attend at the hearing of the case to present arguments to the Court.
You may wish to engage a lawyer who can advise you on the legal aspects of your case and make submissions on your behalf.
2. What do you need to do if you are a Relevant Person and you wish to object to the application?
You must file an application to be added as a party within 21 days after the date of service.
You should use Form 4 of the Practice Directions for your application to be joined as a party.
You must also file an affidavit stating your interest in the application and the reasons for your objection, and you would also be required to attend at the hearing of the case to present arguments to the Court..
3. What do you need to do if you are P (i.e. the person alleged to lack capacity) and you feel that you do not lack capacity?
You should inform the Applicant or Plaintiff and he or she may then apply to Court to withdraw the application.
However, if the Applicant or Plaintiff insists on proceeding with the application, you should file an application to be added as a party. You should use Form 4 of the Practice Directions for your application.
You must also file an affidavit setting out the grounds and evidence for your case, e.g. a medical report which shows that you have capacity, and you may also be required to attend at the hearing of the case to present arguments to the Court.
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