Deputyship

Overview

This section deals with the procedure for making an application for the appointment of a Deputy under the Mental Capacity Act for a person who lacks mental capacity in the Family Justice Courts (FJC) with effect from 1 January 2015. The procedure in this section also applies to proceedings commenced before 1 January 2015, provided the matters are heard in the FJC. The information in this section does not cover the procedure that applies if your case is in the High Court, or had commenced before 1 April 2006.

The information provided below is general in nature and is not intended as legal advice. The FJC cannot provide legal advice or assist with drafting the contents of any document.

References to legislation:


Applying for the appoint of a Deputy under the Mental Capacity Act for a person who lacks mental capacity.




One Time Emergency Funding

The FJC and DBS/POSB has commenced an initiative to provide support to families of P, especially those of low-income. This initiative aims to help P and his family members to have emergency access to P’s funds while they seek other forms of help. This is especially useful in cases where P is incapacitated due to a sudden accident and his dependants require access to these funds for their daily subsistence.

Once P has consulted with a registered doctor in Singapore, and a medical report has been submitted online to FJC by the doctor, the applicant can visit any of the six selected POSB branches* located at major housing estates to file the application. The application covers a one-time authorisation to withdraw up to $5,000 from P’s DBS/POSB bank account(s) provided that P’s immediate family members have agreed and application fee is S$40.

To assist parties in need of emergency funding, the Court will prioritise such applications and process them on an expedited basis. The applicant should typically receive a response within three working days of the submission, if the application is in order. Further, once the court grants the order, the bank can be directly notified of the court order.

This initiative will be piloted with effect from 7 February 2020. Please contact the Mental Capacity Act (MCA) Registry at 63257619 if you require further assistance. 

* The POSB branches are located at the following areas:

  1. Toa Payoh Central,
  2. Yishun West,
  3. Bedok Central,
  4. Hougang Central,
  5. Tanjong Pagar, and
  6. Jurong Point.


Simplified application process

In addition to the standard application process described above, the FJC has also introduced a simplified application process for certain categories of applications.

If you are applying for a Mental Capacity Act Order that is generally restricted to use of monies of S$60,000 and below and/or falls within those listed in Annex A of the Quick Reference Guide, you can file your application using the Simplified Track in the iFAMS system at www.ifams.gov.sg instead of the Normal Track using the e-Litigation system. One more condition is that your application must be consented by all relevant persons (who are usually the patient’s relatives such as the immediate family members or persons who are very involved in the patient’s life and welfare).

The Simplified Track process in iFAMS is set out in the Quick Reference Guide, and some commonly asked questions are set out below.

How do I login to iFAMS? 

You need to use SingPass to login.

How much is the application fee? 

The application fee is $40.  This has to be paid by credit card or internet banking using eNets.

How will the Family Court contact me? 

The Family Court will contact you by way of e-mail and/or mobile phone.  All documents will be sent to you by e-mail.

Who do I contact for technical assistance? 

You can contact the Helpdesk at 6756 3874 or ifamshelpdesk@ecquaria.com between 8 am and 8 pm on weekdays or 8 am and 2 pm on Saturdays (except for public holidays).

Who do I contact for the simplified MCA application enquiries

You can contact the Family Justice Courts at 6325 7619, Mondays to Thursdays from 9.00 am to 5.30 pm, and Fridays from 9.00 am to 5.00 pm (except for public holidays). Closed for lunch from 1.00 pm to 2.00 pm.