How to file a deputyship application (standard process)

In the Originating Application Form 59, Family Justice Courts Practice Directions 2024 (DOCX, 70 KB), you will need to state clearly what sort of powers you are seeking.

• If you are applying for powers related to P's Central Provident Fund (CPF) matters, refer to these sample CPF orders (PDF, 66 KB).

In the applicant's affidavit (Form 60, Family Justice Courts Practice Directions 2024 (DOCX, 88 KB)), you need to list the personal particulars of all relevant persons to P.

You may need to include additional information in the following situations:

• If there are no relevant persons other than P's immediate family members, you must state so in the affidavit.
• If there are P's immediate family members or other persons ns whom you regard not to be “relevant persons” and should not be notified of the application, you need to provide the reasons in your affidavit. For example, certain members of P's family have had little or no involvement in P's life and show no inclination to do so. In such cases, you need not serve your application on these persons.  
  

Note: You must swear or affirm the affidavit before a Commissioner for Oaths.

You will need a medical report from a doctor to certify that the patient for whom you are applying to be a deputy lacks mental capacity. The medical report must have been written less than 6 months before the filing of the deputyship application, and the doctor must have seen P less than 12 months before writing the report

The doctor must provide the report by signing an affidavit, prepared according to Form 61, Family Justice Courts Practice Directions 2024 (DOCX, 56 KB). A hard copy of the medical report must be attached to the affidavit.

Note: The doctor must appear before a Commissioner for Oaths to swear or affirm the affidavit.

Relevant persons are people who have an involvement in P’s life and are likely to have an interest in your deputyship application. They are usually P's immediate family members. Find out more about relevant persons.

You should inform the relevant persons of your application. If they consent to your application, you must file their written consent according to Form 108B, Family Justice Courts Practice Directions 2024 (DOCX, 58 KB) with your application.

Note: The relevant person must swear or affirm the consent form before a Commissioner for Oaths.

If a relevant person does not consent, you will need to serve your application on them after filing.

Visit the LawNet & CrimsonLogic Service Bureau to file all your prepared documents through eLitigation.

The Service Bureau will notify you via email or SMS of the outcome of your application.

If the court accepts your application documents, you will be asked to return to the Service Bureau to collect an endorsed version of the documents, which will contain the date and time of a court hearing for your application.

If there are relevant persons who have not consented to your application, you will need to serve a copy of your application documents on them. This informs them of your application.

In addition to the documents you have filed, you will need to include a Notice of Proceedings to Relevant Person (General) (Form 71A, Family Justice Courts Practice Directions 2024 (DOCX, 41 KB)).

For filings commenced before 15 October 2024, you will need to file a Notice to Relevant Person (Form 222, Family Justice Courts Practice Directions 2015 (PDF, 69 KB)). 

You may serve the documents in any of the following ways:

• By leaving the document at the proper address of the person to be served.
• By post.
• By fax, in accordance with Part 7, Rule 4 of the Family Justice (General) Rules 2024.
• In any other manner as agreed between the parties or as directed by the court.

Within 7 days after you serve, you must file an affidavit of service (Form 78B, Family Justice Courts Practice Directions 2024 (DOCX, 66 KB) through eLitigation. ⁽¹⁾

• Specimen Government Medical Certificate (DOCX, 18 KB) for absence from court attendance. 

Legislation associated with this topic includes:

• Mental Capacity Act.
• Family Justice Act.
• For filings commenced on or after 15 October 2024, refer to: 
  • Part 5, Part 6 and Part 7 of the Family Justice (General) Rules 2024.
  • Division 2 of the Third Schedule of the Family Justice (General) Rules 2024 for the court fees.

• For filings commenced before 15 October 2024, refer to:  
  • Part 11 of the Family Justice Rules 2014.
  • Part 2 of the Fifth Schedule of the Family Justice Rules 2014.

For filings commenced on or after 15 October 2024, refer to:

• Part 4C, Part 5 and Part 6C of the Family Justice Courts Practice Directions 2024. 

For filings commenced before 15 October 2024, refer to:

• Part XI of the Family Justice Courts Practice Directions 2015.

If you wish to name someone to take over from you as the deputy in the event that you are no longer able to serve as the deputy, you will need to file the Successor Deputies' Affidavits Form 62, Family Justice Courts Practice Directions 2024 (DOCX, 56 KB).