A Loved One who Lost Mental Capacity

Lasting Power of Attorney (LPA) (if any)

How to activate Lasting Power of Attorney

Bring your loved one to a registered medical practitioner in Singapore for medical assessment to confirm that they have lost mental capacity. The doctor will prepare a medical report certifying this.


Your CHECKLIST





Your loved one's NRIC (or passport and FIN if not a citizen/PR)



Your NRIC (or passport and FIN if not a citizen/PR)



Fees for the medical report, to be paid directly to the doctor



Notify the Bank

When you’re ready, you can visit any bank branch to inform and manage the accounts of your loved one who has lost mental capacity. Should there be more than 1 person appointed to manage your loved one’s affairs, all must be present at the branch


Your CHECKLIST





Original NRIC of Donor and Donee(s) (or passport and FIN if not a citizen/PR)



Original medical report (valid for 6 months)



LPA

  • Original LPA or certified true copy from Office of the Public Guardian (OPG)
  • Softcopy LPA


Court – Appointed Deputy (in the absence of LPA)

Medical Report

Your family member or loved one has to undergo medical assessment to confirm that they have lost mental capacity and has to be certified by a registered medical practitioner in Singapore. The doctor will prepare a medical report certifying this.


Your CHECKLIST





Your loved one's NRIC (or passport and FIN if not a citizen/PR)



Your NRIC (or passport and FIN if not a citizen/PR)



Fees for the medical report, to be paid directly to the doctor



To Apply for Court – Appointed Deputy

When a family member or a loved one has lost mental capacity, a deputy has to be legally appointed to manage their account.

There are 2 ways to file a deputyship application:


 

Simplified Process

Standard Process

When it applies

If you seek one or more of the following orders:

To use up to $80,000 from the patient's funds.

Other common orders such as to consent to medical treatment or decide on care services for the patient. Refer to the full list of orders.

If any of the following applies:

Someone is objecting to your application.

The orders you seek fall outside the scope of the simplified process.

How long it takes

Applications are usually completed within 4 to 6 weeks, unless submissions are incomplete or the case is complex.

Applications are usually completed within 3 to 4 months, unless submissions are incomplete or the case is complex.

Estimated fees

$40 excluding cost of medical report.

$300 to $1000, depending on the documents you need to file.

How to apply

Through the Integrated Family Application Management System (iFAMS). Find out how to apply through the simplified process.

Through eLitigation. Find out how to apply through the standard process.

* Extracted from Singapore Family Court

Where do I make my application?

For Standard Process: 133 New Bridge Road, #19-01/02 Chinatown Point, Singapore 059413
For Simplified Process: Website: https://ifams.gov.sg

Notify the Bank

When you’re ready, you can visit any bank branch to inform and manage the accounts of your loved one who has lost mental capacity. Should there be more than 1 person appointed to manage your loved one’s affairs, all must be present at the branch.


Your CHECKLIST





Original NRIC of deputy(ies) (or passport and FIN if not a citizen/PR)



Court Order

  • Original Court Order with Singapore Court Seal or
  • Electronic copy of Court Order certified true copy by lawyer or
  • Court Order with a QR code and/or a special access code printed on the order


Frequently Asked Questions

What is a Lasting Power of Attorney (LPA)?
The LPA is a legal document which allows a person who is at least 21 years of age (‘donor’) and whilst he/she is of sound mind, to voluntarily appoint one or more persons (‘donee(s)’) to make decisions and act on his/her behalf if he/she loses mental capacity one day. A donee can be appointed to act in the two broad areas of personal welfare and property & affairs matters.
Are there any requirements for medical reports?

Yes, please see the requirements below:

Requirements for medical reports issued in Singapore:

  • The medical report must be issued by a certified medical practitioner registered with the Singapore Medical Council
  • If handwritten, the medical report must be legible
  • The Donor’s medical report must clearly state:
    • Doctor’s opinion on the Donor’s mental capacity
    • Whether the Donor’s mental incapacity is or is not permanent

Requirements for medical reports issued outside of Singapore:

  • Where the medical report is in a language other than English, it must be translated into English by a certified translator
  • If handwritten, the medical report must be legible
  • The Donor’s medical report must clearly state:
    • Doctor’s opinion on the Donor’s mental capacity - Banks may reject medical reports that only provide medical jargon
    • Whether the Donor’s mental incapacity is or is not permanent

Banks shall act in good faith that all medical reports or certificates and translations presented are authentic and shall not be liable for any loss resulting from the Donee(s) acting in breach of his/her/their authority under the LPA.

Donee(s) are strongly encouraged to provide the medical report in the recommended medical report template for LPA transactions.

Please click here for a copy of this template https://www.msf.gov.sg/what-we-do/opg/resources/forms

What is the validity period for medical reports or certificates?

There is no validity period for medical reports in which a Donor’s mental capacity diagnosis

clearly states that his/her condition is permanent.

Where a Donor’s mental capacity diagnosis in the medical report clearly states that his/her

condition is not permanent; the date of the medical report cannot be more than 6 months old at the time of presentment to the Bank.

What are the roles and responsibilities of a donee/Court-appointed deputy?

You can refer to the Code of Practice to understand your roles and responsibilities of a donee/court-appointed deputy.

The Code of Practice*

The Code of Practice serves to elaborate on the Mental Capacity Act, particularly in its practical application. It helps you to

  • Understand your roles and responsibilities under the Act
  • Understand the steps you can take to prepare for a time in the future should you lack capacity
  • Understand the principles to be applied when caring for persons lacking mental capacity

The Code of Practice is a guide of best practices for everyone who interacts with person lacking mental capacity. This includes those who are under a formal duty to offer care, such as professionals and paid caregivers as well as informal caregivers, family and friends of the person who lacks capacity.

The following individuals must consider the Code when acting for a person lacking mental capacity:

1.Donee of a Lasting Power of Attorney

2.Court-appointed deputy

  • People who act in a professional capacity (e.g a lawyer, health care professional, accountant, paramedic), and
  • People who act for remuneration (e.g a paid caregiver, therapist)

The guidance in the Code of Practice should be followed.

What can I do if I need withdraw/access to funds urgently for my loved one who has lost Mental Capacity?

If you are an immediate family member of a loved one who has lost mental capacity, you can apply under a simplified track of the Mental Capacity Act (MCA) to withdraw funds from their bank accounts to care for their (and their dependents’) urgent needs.

You may refer to the Access Emergency Funds for the steps to apply.