Key Points
Planning ahead ensures that your loved one's rights and needs are supported. Here are some key points to think about:
- What are the future needs of your loved one in areas such as managing their finances and place of stay/property, healthcare and personal welfare matters, and making everyday decisions?
- Can your loved one understand information in these areas and make decisions independently? If not, what arrangements might be needed to ensure you and future caregivers have the legal power to support them in making the best decisions?
- Have you discussed with your family who will take on legal roles to make decisions when you are no longer able to do so?
There are laws that protect the interests of persons with disabilities, including the Children & Young Person Act, Vulnerable Adults Act and Mental Capacity Act. Understanding these laws can help you safeguard your loved one’s rights and make informed decisions on their future care plans.
Start by thinking about the kinds of support your loved one might need in the future and consider the legal tools only if they are necessary for your loved one’s care.
1. Understand decisions your loved one may need help with in the future. These can include:
- Managing money (e.g. manage bank accounts, pay bills)
- Consenting to medical or dental treatments
- Signing work contracts
- Deciding where and with whom to live
- Handling inheritance matters
If your loved one cannot make these decisions independently, you may need legal powers to make decisions in their best interest.
2. Deputyship
If your loved one is assessed to lack mental capacity to make decisions independently, you may consider applying to be a deputy. A deputy is appointed by the court and has legal powers to make decisions on behalf of a person who cannot.
- For your loved one below 21 years old: Appointing a Testamentary Guardian ensures they have a legal guardian until they turn 21 if both parents have passed on.
- For your loved one who are 21 years old and above: You can apply for deputyship to make decisions about personal welfare, property and affairs on their behalf.
There are two routes to apply for deputyship: the Simplified process (supported by Ministry of Social and Family Development (MSF)’s Assisted Deputyship Application Programme (ADAP) for caregivers of persons with disabilities) and the Standard process, which allows more personalised legal powers to cater to the unique needs of your loved one.
If there is no suitable person to be appointed, the Professional Deputies and Donees (PDD) Scheme enables registered and trained professionals such as lawyers or social workers to be appointed to act in your loved one’s best interest.
For more information on deputyship, you may refer to the resources below.
3. Apply for Lasting Power of Attorney (LPA)
If your loved one has mental capacity, an LPA allows them to choose someone to make decisions in areas of personal welfare and/or property and affairs for them should they lose mental capacity in the future.
As a caregiver, having an LPA yourself is also important to ensure a trusted person can make decisions for you and understands your wishes and arrangement for your loved one. This helps to safeguard you and your loved one’s interests when you are not able to.
4. Write a Will
A will lets you specify how your assets should be distributed. It can also appoint a trustee to manage funds for your loved one, or a Testamentary Guardian for a care recipient under the age of 21.
Think of this as part of a larger plan, working hand in hand with an LPA to ensure continuity of care for your loved one when you are no longer able to support them.
Take your time to think through and decide on the legal instruments you need for your loved one and yourself. It is not mandatory to have all the instruments; they are also not a one-size-fits-all solution for every family. Begin by considering your loved one’s needs and your family’s unique situation. If legal arrangements become necessary, approach them step-by-step, knowing you can revisit and adjust them over time. There is no need to rush into making long-term decisions immediately.
For more guidance, you may refer to the resources below.
Resources