Caregiving and Legal Authority

You generally need legal authority when the decision:

• Has legal or financial consequences, or
• Affects the person’s rights, health, or living arrangements, or
• Involves acting on their behalf with third parties (e.g. hospitals, banks, courts)

In general, you need legal authority (e.g. as a parent or guardian, Lasting Power of Attorney donee, or court-appointed deputy) when making major or binding decisions on another person’s behalf.

Examples of decisions:

• Healthcare and medical decisions e.g. consenting to medical treatment, accessing medical records, deciding on long-term care arrangements.
• Financial and property matters e.g. managing bank accounts, insurance, investments, paying bills, buying or selling property.
• Legal and administrative matters e.g. signing legal documents, making legal claims, dealing with government agencies.
• Living arrangements and care decisions e.g. deciding where the person lives, making day-to-day welfare decisions.
• Education decisions e.g. choosing schools or educational pathways, consenting to school-related matters, applying for special education support.
• Protection and safety decisions e.g. applying for protection orders, making safeguarding decisions for vulnerable persons.

It is important to know your legal status before acting on the minor's behalf in significant matters.

If you are a parent, you generally have automatic legal authority to make decisions for your child—covering healthcare, education, and daily living—until the child turns 21 years old. Both parents typically share this responsibility equally.

If you are a legal guardian of a child, you also have this authority until the child turns 21 years old.

If you are a caregiver but are neither a parent nor a court-appointed guardian, you may not have formal legal authority to make major decisions for the minor.

Guardianship gives a person the legal responsibility to care for a minor below 21 years of age.

The term "guardian" most commonly means a person who has been appointed either by the parent under a deed or will, or by the court, to stand in the place of a parent to a child.

A person may become a guardian to a minor in one of three ways: when one parent passes away, by appointment of the court, or through the court's wardship jurisdiction.

• When one parent passes away
  • A parent may appoint any person to be a guardian of a child after their death in a deed or will. This person would act jointly with the surviving parent.
  • The surviving parent will become the guardian of the child either alone or with any person appointed by the deceased parent. 
• By appointment of the court
  • Where a child has no parent, no guardian of the person and no other person having parental rights with respect to him, the court may, on the application of any person, appoint the applicant to be the guardian of the child. 
  • The court can also remove the existing guardian and appoint another guardian in his or her place.
  • In appointing a guardian the court will primarily consider the welfare of the child and the wishes of the child if the child is of age to express independent opinion. 
• By wardship jurisdiction
  • The court may appoint guardians when exercising its wardship jurisdiction, provided that it is necessary for the protection of the minor (for example, where there is no fit parent having parental responsibility over him or her). Adults other than parents or court-appointed guardians may invoke wardship jurisdiction in limited circumstances where the child is in need of protection.

If you need to apply to be a court-appointed guardian, you will need to file a guardianship application in the Family Justice Courts. You should be prepared to show why guardianship is in the best interests of the child. The court will consider the child's welfare as the paramount concern.

You can refer to a guide on how to file a guardianship application on the SG Courts website: https://www.judiciary.gov.sg/family/guardianship/file-a-guardianship-application. It is advisable to consult a lawyer or seek legal aid to help you with the paperwork and process.

When your child or ward turns 21 years old, they legally become an adult and your parental or guardianship authority ends automatically. If your child may lose mental capacity or has a mental or intellectual disability and will not be able to make decisions for themselves, you need to plan ahead:

• Lasting Power of Attorney (LPA): If your adult child has sufficient mental capacity, he or she can make an LPA to appoint you (or someone else) to make decisions for him or her in the event of mental incapacity. 
• Apply for deputyship: If your adult child lacks mental capacity and has not made an LPA, you may apply to court to be appointed as his or her deputy. This gives you the legal authority to make personal welfare or financial decisions on his or her behalf. The Assisted Deputyship Application Programme aims to make it simpler and more affordable for parents of children with no mental capacity to apply to the Family Justice Courts to be appointed as deputies for their child: https://www.enablingguide.sg/im-looking-for-disability-support/child-adult-care/assisted-deputyship-application-programme-(adap).

You do not automatically have legal authority to make decisions for another adult, even if he or she is your child, spouse, or close family member. Legal authority depends on whether the person has mental capacity and whether formal legal arrangements, such as a Lasting Power of Attorney or deputyship are in place.

An LPA is essentially a legal document which allows an adult who is at least 21 years of age (the "donor") to voluntarily appoint one or more persons (the "donees") to make decisions and act on his or her behalf if the donor loses mental capacity. 

An LPA must be made while the donor still has mental capacity. An LPA can cover two areas:

• Personal welfare–decisions about daily life, healthcare, and living arrangements.
• Property and financial affairs–managing money, property, and finances.

The LPA must be registered with the Office of the Public Guardian for it to be effective.

If the adult lacks mental capacity and has no LPA, a caregiver or family member may need to apply to court to be appointed as a deputy. This is a formal court process that takes time and costs money, so encouraging a loved one to make an LPA while he or she still can is strongly recommended.

A person "lacks capacity" if, at the material time, he or she is unable to make a decision for himself or herself in relation to a matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.

Deputyship is a legal arrangement where the court appoints someone (the "deputy") to make decisions on behalf of an adult who has lost mental capacity.

A deputy may be the person’s family member or friend and who has attained the age of 21 years. Where the person who has lost mental capacity has no suitable next of kin, professional deputies may apply to be their deputies.

A deputyship application has to be made to the Family Justice Courts for the appointment of the deputy to make decisions on behalf of the adult who has lost mental capacity. The court will consider who is best placed to act in the person's interests. The application process requires obtaining the consent from all relevant persons (such as close family members) or serving the application on them, so that they have an opportunity to raise any concerns.

A professional deputy is someone who is not related to the person who has lost his or her mental capacity and is appointed by the court to act as his or her deputy—typically a lawyer or other suitably qualified professional. This may be relevant where there is no suitable family member, where there is a conflict of interest among family members, or where the person's affairs are complex. Professional deputies charge fees for their services.

The decisions a deputy can make depend on what the court has authorised. A deputy may be granted authority over:

• Personal welfare–for example, decisions about where the person lives, their care arrangements, and medical treatment.
• Property and financial affairs–for example, managing bank accounts, paying bills, and dealing with property.

The court grants only those powers that are necessary for the particular person's situation.

You must apply to the Family Justice Courts. In general, the steps are as follows:

1. Obtain a medical report confirming that the person lacks mental capacity. The report must be dated within the last six months of your application.
2. Obtain consent from relevant persons (persons who are likely to have an interest in a deputy application for the person who lacks mental capacity such as his or her immediate family members). If consent cannot be obtained, this would have to be explained in the application.
3. File the relevant court forms (an Originating Summons and supporting affidavits) setting out why the deputyship is needed and what powers you are seeking. Serve the application on relevant persons, as required.
4. Attend a court hearing if required.
5. If the court is satisfied, a deputyship order will be granted.

You can refer to a guide on how to file a deputyship application on the SG Courts website: https://www.judiciary.gov.sg/family/deputyship. You should consult a lawyer or seek legal aid, as the process involves legal documents and court procedures.

Deputyship applications can be filed as a simplified deputyship application or under the standard process.

The simplified process is designed for straightforward, uncontested cases with limited financial scope, offering faster resolution and lower costs. The standard process handles contested matters and requests beyond the simplified scope. Here are the key differences:

• When each process applies:
  • The simplified process is available when seeking specific limited orders, such as using up to $80,000 from the person's bank account, consenting to medical treatment, or deciding on care services. You can refer to the full list of orders that you can apply under the simplified process here: https://www.judiciary.gov.sg/family/file-simplified-deputyship-application.
  • The standard process is required when someone objects to the application or when the orders sought fall outside the scope of the simplified process.
• Processing time:
  • Simplified applications are typically completed within four to six weeks, while standard applications may take three to four months.
• Fees:
  • The simplified process is less costly than the standard application.
• Application method:
  • Simplified applications are filed through the Integrated Family Application Management System (iFAMS), an online platform that you can access using Singpass: https://www.judiciary.gov.sg/services/ifams, while standard applications are filed through eLitigation, which, if you are acting for yourself, can only be accessed by visiting the Service Bureaus located at the courts.

As a deputy, you must:

• Comply with the court’s directions and not exceed the scope of authority set out in the court order;
• Comply with the Mental Capacity Act 2008;
• Act in the best interests of the person who lacks mental capacity (referred to as “P”);
• Avoid situations of possible conflict of interest;
• Keep P’s money separate from your personal accounts; and
• Submit annual reports to the Office of Public Guardian to explain all the decisions you made for P and how you had used P's monies for his or her benefit. To do so, you will need to keep a record of all the decisions you made for P and the reasons. This includes keeping a record of statements, vouchers, receipts and other financial records related to P's property and affairs;

You should not:

• Make a decision on behalf of P if you know or reasonably believe that P has the capacity to make the decision;
• Prohibit any particular individual from having contact with P;
• Make gifts of P’s property; 
• Execute a Will or make or revoke any Central Provident Fund or insurance nomination for P; and
• Restrain P unless you are acting within the scope of authority granted by the court and you reasonably believe that the act is necessary and proportionate to prevent harm to P.

The above is not an exhaustive list. As a deputy, you should also be guided by the Code of Practice by the Office of the Public Guardian, which elaborates on the practical application of the Mental Capacity Act 2008: https://www.msf.gov.sg/what-we-do/opg/safeguards/the-code-of-practice.

If you fail to carry out your duties, the Office of the Public Guardian or the court may investigate your conduct. The court has wide powers to revoke a deputyship order, vary its terms, or appoint a different deputy if it is satisfied that you are not acting properly or in the person's best interests. You could also lose any security given to the Public Guardian for due discharge of your functions or be held in contempt of the court for failure to comply with any orders of court. In serious cases, you could face legal liability for any harm caused by your actions or failures. For example, you could be charged with criminal charges for ill-treatment or neglect of a person lacking capacity, as well as criminal charges such as criminal breach of trust, fraud or theft.

In carrying out an act in connection with the care or treatment of another person (“P”) as his or her deputy, you will generally be protected from legal liability if: 

• Before doing the act, you take reasonable steps to check whether P can make his or her own decision; and
• You reasonably believe that P cannot make the decision and what you are doing is in his or her best interests.

The protection does not apply if you acted negligently or if you had inappropriately restrained P.

Find out more:

• Mental Capacity Act 2008
• Guide on how to file a guardianship application by the SG Courts
• Guide on the Lasting Power of Attorney by the Office of the Public Guardian
• Guide on how to prepare a Lasting Power of Attorney by My Legacy@LifeSG 
• Guide on how to file a deputyship application by the SG Courts
• Guide on deputyship by the Office of the Public Guardian
• Professional Deputies and Donees Scheme by the Office of the Public Guardian
• Code of Practice by the Office of the Public Guardian

Legal Guidance and Representation: 

• Legal Aid: Check what legal aid you can apply for here (Note: legal aid is for individuals unable to afford a lawyer, and the application process will likely involve means-testing).
• Find a Lawyer: If you do not qualify for legal aid, you may find a lawyer using the following directories:
  • Ministry of Law Directory
  • Law Society of Singapore Directory

Social assistance: 

• ServiceSG Life Planning Service: The Life Planning Service is part of ServiceSG’s efforts to help you understand the available services and make informed decisions about legacy planning.
• Assisted Deputyship Application Programme (ADAP): Supports parents of persons with disability without mental capacity to apply to be court-appointed deputies, through the simplified deputyship process. As a deputy, the parent can make legal decisions for the child when he or she turns 21 years old.