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When a person loses mental capacity and has not made a Lasting Power of Attorney (LPA), the family may need to apply to the court for a Deputy to be appointed under the Mental Capacity Act (Cap. 177A) to manage that person’s property and affairs.
Tan, Lee & Choo acts as professional deputy and donee in Singapore, providing court-appointed management of the financial affairs and daily decisions of those who lack mental capacity. We are experienced in deputyship applications, renewals, and ongoing court reporting requirements.
We also serve as Certificate Issuers for Lasting Power of Attorney (LPA) under the Office of the Public Guardian. Contact us at +65 6535 6077 to discuss a deputyship matter.
A Professional Deputy/Donee must be unrelated to the person lacking capacity (“P”) and can provide deputy-ship services for remuneration.
A Professional Deputy/Donee can be appointed to make key decisions affecting P’s property and affairs, as well as personal welfare. For example, they can manage P’s finances to make sure that there is enough monies to meet P’s needs.
The overriding principle is that the Professional Deputy/Donee must act in P’s best interest. A Professional Deputy/Donee is bound to ensure that the decisions made are reasonable, prudent and in the interests of P, i.e for the benefit of P and not for anyone else.
However, if P is able to make certain decisions for themselves, the Professional Deputy/ Donee will not get involved in those decisions.
A Professional Deputy can be appointed by the Court to act for P after P has already lost mental capacity.
P’s family members and caregivers of P may approach a Professional Deputy to act for P.
Where family members cannot agree on who to take care of P , the Professional Deputy may be an alternative solution.
A Professional Donee is appointed by P via a Lasting Power of Attorney when P still has mental capacity.
Elderly singles or childless elderly couples have the option of appointing a Professional Donee. This is especially when they do not want to trouble their own relatives or do not have any relatives who want to act as a donee.
For more information, you may want to refer to the website of the Office of Public Guardian, which is the government body supervising the acts of the Professional Deputy/Donee.
If you wish to appoint our Mr. Liaw Jin Poh to act as a Professional Deputy/Donee, please contact us via WhatsApp at 96922522 or email enquiry@tanleeandchoo.com.sg.
A Professional Deputy is a legally qualified person appointed by the Court under the Mental Capacity Act (Cap. 177A) to manage the property, finances, and personal welfare of a person who has lost mental capacity and has no Lasting Power of Attorney (LPA) in place. Unlike a family member Deputy, a Professional Deputy is unrelated to the person and is authorised to charge for their services.
A Professional Deputy is typically needed when: (1) a person has lost mental capacity without having made an LPA; (2) family members cannot agree on who should manage the person’s affairs; or (3) no suitable family member is willing or able to act as Deputy. The court appoints the Professional Deputy after a formal application.
A Professional Donee is appointed by the person themselves via an LPA, while the person still has mental capacity. A Professional Deputy is appointed by the court after the person has already lost mental capacity. Our Mr Liaw Jin Poh acts in both capacities.
A family member or other interested party applies to the Court. The application involves filing an originating summons and supporting documents including a medical report from a registered doctor. We handle the full application process. Contact us via WhatsApp at +65 9692 2522 or email enquiry@tanleeandchoo.com.sg.