Why Choose Niroze Idroos LLC for your Deputyship Application?
It is never easy to care for a loved one who has lost or lacks mental capacity (“P”). The Mental Capacity Act (“MCA”) allows you to do just that by applying to the Family Justice Court to be appointed as a deputy on behalf of P.
We specialise in guiding families through this process with clarity and sensitivity. We understand the sacrifices and desire to legally protect such a loved one with dignity and respect.
Number of Deputies
The MCA allows for the appointment of one or more deputies. Where there are two or more deputies it is important to specify how they will make decisions on P’s behalf. Usually, the deputies will be authorised to act jointly, meaning that all decisions must be made together.
Uncontested/Contested Application
An application for the appointment of a deputy/deputies may be uncontested/contested.
Consent of Relevant Persons (Uncontested Application)
In an uncontested application, the contest of all the persons who have an involvement in P’s life or an interest in the application (the “Relevant Persons”), is generally required. Relevant Persons usually include:
(a) P’s spouse;
(b) P’s children (aged 21 and above);
(c) P’s parents or guardians; and
(d) P’s brothers or sisters (aged 21 and above).
The consent of the Relevant Person may not be necessary depending on the circumstances. This would be the case if the Relevant Person had little or no involvement in P’s life and has shown no inclination to be involved.
Contested Application
In a contested application, all the Relevant Persons must be formally informed of the application. This is done by serving the application on each of the Relevant Persons.
Typical Issues in a Contested Application
Disputes in contested applications commonly concern one or both of the following issues:
(a) Whether P lacks mental capacity
This is a medical issue, and will be determined by the Court based on the doctor’s medical report.
(b) Whether the proposed deputy/deputies are suitable
The Court will appoint the person/person(s) who are best placed in act in P’s best interest.
If you require assistance, contact us today to schedule a consultation.
Contact us @ (+65) 93842791, (+65) 6974 1700 or niroze@nirozelaw.com.sg
