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Apply to protect a vulnerable adult
Before you apply
Before you apply, make sure you:
- Confirm that your case involves a vulnerable adult (VA).
- Understand the types of orders you can apply for and the process to apply.
Who can apply
The following parties may apply for an order to protect a VA:
If the VA has the mental capacity to consent to the application |
|
If the VA lacks the mental capacity to consent to the application |
|
A family member must be related to the VA in one of the following ways:
- Spouse.
- Child (including adopted child or stepchild).
- Parent or parent-in-law.
- Brother or sister.
- Grandparent.
- Grandchild.
- Any other individual whom the court may regard as a member of the VA’s family.
An applicant who is below 21 years old will need to act through a litigation representative who is at least 21 years old. This representative must appoint a lawyer to file the application unless exempted by the court.
In some cases, an approved welfare officer (from a Protection Specialist Centre) or an officer from the Ministry of Social and Family Development (MSF) may apply for a protective order for a VA.
In these cases, the MSF officer may apply for additional types of orders. Examples of such orders include committing the VA to a place of temporary care and protection, or placing the VA under the supervision of an approved welfare officer.
Note
If you file the application, you are the applicant.
The party against whom the application is filed is the respondent.
What you will need
What you will need to prepare for your application depends on who you are:
If you are a... | You should prepare... |
|---|---|
VA (with mental capacity) |
|
Family member |
|
Donee |
|
Deputy |
|
Where to apply
You may file an application at any of the following locations.You may visit the Family Protection Centre (Level 1, FJC at Havelock Square) during the operating hours to apply in person.
You may visit any of the following Protection Specialist Centres (PSC) to apply in person:
How to apply
You will need to follow these steps to file your application:
Step | Result |
|---|---|
| 1. File your application | Your application is filed with the Family Justice Courts. |
| 2. Meet a court family specialist or social worker | You obtain information about the application process and your safety, and may be referred to support agencies, if required. |
| 3. Meet the duty judge | If your application is in order, the duty judge will approve it without having to see you.
Otherwise, you will need to appear before a judge either in person or through video conference. This is usually done on the same day you visit the Family Justice Courts or authorised agency. |
Before you visit: submit documents online
You are encouraged to submit your draft application and documents online via the Integrated Family Application Management System (iFAMS) before visiting the Family Justice Courts or the Protection Specialist Centres (PSC). Doing so will mean less time spent processing your application at the Family Justice Courts or PSC.
Refer to the following steps:
- Log in to iFAMS. Under the Vulnerable Adults Act (VAA) application section, select Application for a VAA Protective Order.
- Fill in the online form.
- Save your work and choose whether you wish to verify your application at the Family Justice Courts or a PSC.
- You will have to bring the documents you are relying on to the Family Justice Courts or PSC, so that they can be checked or filed together with your application, if required.
Note: For step-by-step instructions, refer to the iFAMS user guide for VAA protective order application (PDF, 1062 KB).
Visit one of the filing locations
Bring all the required documents to the Family Justice Courts or one of the PSCs to file your application.
If you are filing at the FJC, you will meet a court family specialist (CFS) for a one-to-one session. The session may take around 30 to 45 minutes (excluding waiting time).
If you are filing at a PSC, a social worker will guide you through the session instead.
During the session, the CFS or social worker will:
- Provide you with the necessary information on the application process.
- Cover issues with regard to your safety.
- Assess your needs.
- (If required) The CFS or social worker may refer you to community and support agencies.
- (If required) The CFS or social worker may refer you to community and support agencies.
How the session is conducted
In most circumstances, the session will involve the CFS or social worker speaking to you. If required, a support person such as a family member may be involved in the session.
During the session, it will be helpful for you to:
- Share openly with the CFS about your concerns and reasons for the application.
- However, should the CFS assess that there is an immediate risk of harm to the VA, they are obligated to inform the relevant agencies to ensure the VA's safety.
- Take up the referrals that the CFS may make for you.
Note: The session will be conducted in a private room and the details of the session will not be disclosed to other parties. Only details provided in your application form and the outcome of the session will be made known to the respondent. If necessary, the CFS will seek your consent before sharing any information which may be helpful for the respondent to know.
If required, you will have to appear before a duty judge. During this session, you will confirm the truth of the contents of your application.
You will need to:
- Appear before the judge either in court or through video conference. This is usually done on the same day you visit the Family Justice Courts or PSC.
- Answer questions that the judge has for you.
- Swear or affirm that the contents of your application and your answers are true and correct.
Note
It is a serious offence to include statements that you know to be untrue or incorrect in a sworn or affirmed application.
If your application is accepted
If your application is in order, the judge will issue a summons to the respondent. If not, the judge will dismiss your application.
The summons is a court document directing the respondent to attend court on a scheduled date and time for a court session known as a mention.
If the judge issues a summons, you will need to pay a sum of $1. The court will serve the summons on the respondent at the address that you provided in your application.
You will also be issued a mention slip containing the date and time for you to attend the court mention. Find out what happens at the court mention.
Note: In some cases, the judge may issue an expedited order if the VA is experiencing or is in immediate danger of abuse or neglect. This order will be served on the respondent together with the summons.
Need help?
The information here is for general guidance as the courts do not provide legal advice. If you need further help, you may want to get independent legal advice.
Find out more
Go to Step-by-step guide
Step-by-step guide
File an application
Attend court
File an application, if needed
2024/10/24
Resources
Refer to:
- Vulnerable Adults Act: Processes at a glance
- Specimen Government Medical Certificate (DOCX, 18 KB) for absence from court attendance.
Legislation associated with this topic includes:
- Vulnerable Adults Act.
- Family Justice Act.
- For filings commenced on or after 15 October 2024: Part 3, Division 5 of the Family Justice (General) Rules 2024.
- For filings commenced before 15 October 2024: Part 17B of the Family Justice Rules 2014.
For filings commenced on or after 15 October 2024, refer to Part 3, 3D of the Family Justice Courts Practice Directions 2024.
For filings commenced before 15 October 2024, refer to Part XIIA of the Family Justice Courts Practice Directions 2015.
For filings commenced before 15 October 2024, refer to Part XIIA of the Family Justice Courts Practice Directions 2015.
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