A person will not incur legal liabilities simply by referring a patient/client allegedly lacking mental capacity, to a Professional Deputy on the list published on OPG website. 

However, the person making the referral should ensure that he/she has made reasonable efforts to locate any available next of kin of the patient before the referral is made. These efforts will include contacting the next of kin if their contact details (e.g. phone, email, mail, whatsapp, etc.) are readily available. 

While there is no obligation for the person making a referral to ensure that the chosen Professional Deputy is the “best fit” for the patient/client within the list referred to above, he/she should consider whether (a) the Professional Deputy can communicate in the same language as the patient/client; (b) the costs charged by the Professional Deputy commensurate with the patient’s/client’s financial ability and (c) Professional Deputy has the relevant experience to handle patient’s/client’s affairs/welfare (e.g. large amount of assets or handling complex investment instruments like unit trusts, etc.).

Thereafter, the Professional Deputy will assess the case and request for more information from the person making the referral, if necessary, before deciding whether to take on the case and file an application with FJC to be appointed as the patient’s/client’s Professional Deputy. After the application is filed, FJC will assess the merits of the application, including ascertaining whether the consent from the patient’s/client’s relevant persons (e.g. the patient’s/client’s immediate family) ought to be/has been sought. 

If a patient’s/client’s next of kin challenges the appointment of the Professional Deputy and seeks to be appointed as the Deputy instead, the Professional Deputy can consider whether to proceed with his/her application. Should the Professional Deputy decide to proceed with the application and the next of kin contests the same, the Courts will decide on who will be the best suited person to be appointed as the patient’s/client’s Deputy.