The Lasting Power of Attorney (LPA)
A Lasting Power of Attorney (LPA) is a legal document governed under the Mental Capacity Act (Chapter 177A). It allows a person who is at least 21 years of age (‘donor’), to voluntarily appoint one or more persons (‘donee(s)’) to make decisions and act on their behalf should they lose their mental capacity one day. A donee can be appointed to act in the two broad areas of personal welfare and property & affairs matters.
Benefits of LPA
A LPA allows you to protect your interests by indicating your personal, deliberated choice of a proxy decision maker. This person or persons should be someone you trust to be dependable, competent and capable – to make decisions and act on your behalf in the event you lose the mental capacity to make your own decisions one day.
There are 2 prescribed LPA forms to cater to the different needs of individuals.
LPA Form 1
LPA Form 1 is for someone who desires to give his or her donee(s) wide ranging powers to make decisions on your behalf.
At TrustTech, we provide drafting of LPA Form 1 at $100.
LPA Form 2
LPA Form 2 is to be used if you have more requirements to be included in your LPA. For example, if you wish to give specific powers to your donee(s) or when your wishes fall outside the scope of LPA Form 1.
You will need to engage a lawyer to draft your LPA Form 2.
How to make a LPA
Choose your donee(s) wisely:
Choose what decision powers to grant your donee(s):
If you have more than 1 donee, decide if they are to act:
Jointly – Donees have to act together, cannot act separately
Jointly & severally – Donees can make decisions together or separately. Both types of decisions are valid.
See an LPA certificate issuer
This is to act as a critical safeguard to ensure that the donor does not make an LPA under pressure or duress.
There are 3 groups of professionals who can certify an LPA certificate –
At TrustTech, we will have a qualified Singapore solicitor to certify an LPA. He/She will engage in a conversation with the donor, and ask a series of relevant questions to ensure that they are mentally competent and that the LPA was not made under duress.
Submit your completed LPA application to Office of the Public Guardian (OPG) by post
OPG will verify your documents and accept your application for registration. If no valid objections are received in the following 6 weeks, the LPA will be registered at the end of that period.
* Please submit your LPA application within 6 months from the date the donor signs on the LPA Form.
Convenience of Making an LPA
To encourage more Singaporeans to pre-plan to protect their interests, the Office of Public Guardian has extended the LPA application fee waiver until 31 August 2020 for Singaporeans making an LPA Form 1.