- Can I continue to manage the matters for my child with special needs after they turn 21 years old?
Your child is considered an adult when they turn 21 years old. If they are assessed to lack mental capacity to manage their own matters, you will need to apply to Court for authority to help them manage their personal welfare and property & affairs matters as their deputy.
- What is the difference between a Lasting Power of Attorney and a deputyship order?
A Lasting Power of Attorney (LPA) is a legal document that a person (“Donor”), uses to appoint a trusted person(s) (“Donee(s)”) to make decisions about his personal welfare and/or property & affairs matters on his behalf if he loses mental capacity. Your child can make an LPA if they are at least 21 years old and has been assessed by the certificate issuer for example, an accredited medical practitioner, lawyer or psychiatrist to have the mental capacity to make one. You may refer to the Office of the Public Guardian’s website for more information.
A deputyship order is an order made by the Court under the Mental Capacity Act appointing a person (“deputy”) to make decisions on behalf of another person who is assessed to lack mental capacity for certain matters (“P”). If your child has been assessed to lack mental capacity to manage their own matters, you will need to consider applying to be your child’s deputy.
- What is ADAP?
ADAP aims to make it simpler and more affordable for parents/caregivers of children with special needs (who do not have mental capacity to manage their matters in adulthood) to apply to Court to be appointed as deputies for their child. This allows parents/caregivers to continue making legal decisions for their child even after they turn 21 years old.
- What are the criteria that I need to meet before I can be on-board ADAP?
- Your child is:
• between 18 and 21 years old as well as in the graduating cohort in a Special Education (SPED) school; or
• enrolled in an MSF-funded Day Activity Centre (DAC) or Sheltered Workshop (SW).
- You agree to use the list of powers available under the Integrated Family Application Management System (iFAMS) in your filing of a simplified Deputyship application. If other powers are required, you have to seek your own legal advice.
- All family members and any other caregivers agree for you to make the application (i.e. it is an uncontested case).
- Why is it good for me to apply for ADAP?
Applying to be your child's deputy through ADAP is a more simplified and affordable process. A psychologist from your child’s SPED school/DAC/SW or the appointed ADAP Agency will provide the Mental Capacity Assessment Report (MCA) for the application, which will be valid for 3 years. You will be guided to complete and submit the application online.
- Who can apply to Court to be appointed as my child’s deputy?
Anyone above the age of 21 can apply to Court to be appointed as your child’s deputy, as long as they are able to make decisions in the best interests of your child. For children from Special Education (SPED) schools/Day Activity Centres (DACs)/sheltered workshops (SWs), parents are usually the parties who will make the application.
- What are some decisions that I can or cannot make for my child under the court order?
The court order will state the matters that you can help your child to manage. In general, you can make decisions with regard to your child’s personal welfare and property & affairs matters. It is important to note that you have the responsibility to ensure that decisions are made with the child’s best interest in mind and to maintain his/her personal rights at all times.
- Do we need to make all decisions together at all times if we are appointed as our child’s deputies?
It depends on the manner of appointment and authority granted by the Court where you may need to make all decisions together (Jointly) or you can make the decision either together or separately (Jointly and Severally).
- What happens to my child if we pass away or lose mental capacity in future?
You can appoint a family member or friend to be your child’s successor deputy so that he/she can continue to manage your child’s matters if you pass on or lose mental capacity. However, if you do not have anyone to appoint as your child’s successor deputy, you may consider engaging a professional deputy to manage your child’s matters in the future. A professional deputy includes professionals such as lawyers and accountants, and licensed trust companies, that are registered with the Public Guardian. More information about Professional Deputy can be found on Office of the Public Guardian’s website.
- Can my child who is a current SPED school student but not graduating this year, benefit from ADAP?
Your child will be able to benefit from ADAP in the year they graduate. For now, if you are the legal guardian of your child, you will still be able to make decisions on their behalf until they turn 21 years old.
- Can my child who has already graduated from SPED school benefit from ADAP?
If your child is enrolled in an MSF-funded DAC or SW, you may contact the relevant staff in those centres for more information.
For families who are not in services providing ADAP and are keen to apply for Deputyship, you may do so either through:
- The Simplified Process
- Approach any of the doctors listed in our Service Directory to enquire on their charges and then obtain a Medical Report for the application; and
- Approach MINDS Future Care Planning (the MSF-appointed ADAP agency) for guidance in your Deputyship application.
- The Standard Process
For general advice on Deputyship matters, you may wish to approach the Law Society’s Community Legal Clinics or other free legal clinics in Singapore.
- Do parents still need to get a medical report for their child if a psychologist has already provided an assessment of the child’s mental capacity?
No, because the Mental Capacity Assessment Report (MCA) prepared by the psychologist from the SPED school, DAC, SW or ADAP Agency is sufficient. However, this MCA will only be valid for 3 years — if an application is not made within this validity period, the child would have to be reassessed.
- How much would the application cost?
Parents would previously pay around $3,000 to $9,000 for a Deputyship application to the Court. Under ADAP, the cost is reduced as:
- The Mental Capacity Assessment Report (MCA) is accepted in place of the Medical Report; and
- Parents would make their Deputyship application through the Simplified Deputyship process using Family Justice Court's Integrated Family Application Management System (iFAMS), which costs $40, excluding cost of any other documents required.
- Can my relative or friend who lacks mental capacity/is unwell/is disabled be on ADAP as well?
ADAP is offered to students in the graduating cohorts of a SPED school or a person with disability who is enrolled in an MSF-funded DAC or SW.
If your relative/friend is not in any of these ADAP-offering services, but their caregiver is keen to apply for Deputyship, they may do so via one of the following means:
- The Simplified Process
- Approach any of the doctors listed in our Service Directory to enquire on their charges and then obtain a Medical Report for the application; and
- Approach MINDS Future Care Planning (the MSF-appointed ADAP agency) for guidance in your Deputyship application.
- The Standard Process
For general advice on Deputyship matters, you may wish to approach the Law Society’s Community Legal Clinics or other free legal clinics in Singapore.
- Who can I contact to enquire about ADAP and related matters?
Please contact your child’s SPED school/DACs/SW social worker for more information.