The procedure for making a Lasting Power of Attorney (LPA) in Singapore is a rather structured one, with the view to ensure that a person makes provisions for himself by appointing trusted persons to make decisions regarding him if he loses his mental capacity. An LPA allows a person referred to as the “donor” to appoint one or more “donees” to look after matters concerning personal welfare and property or financial affairs when that person is no longer able to do so.
Here are steps to create an LPA in Singapore:
- Appoint Your Donees: First of all, you have to select your donee(s), who should be trustworthy individuals and must make decisions with integrity. You can appoint single or multiple “donees” and determine if they will make decisions singly or jointly. Ideally, the donees should be family members or your close associates since they will be handed with very important responsibilities.
- Determine the Extent of Powers: Basically, there are two wide areas for decision-making in an LPA: personal welfare and property and financial affairs. You need to determine whether your donees are to be granted authority over one or both. Personal welfare involves decisions about healthcare, accommodation, and daily routines, while property and financial decisions involve the management of assets, paying bills, and investments.
- Apply the Right Form of LPA: There are two forms for an LPA in Singapore. LPA Form 1 is designed with standard powers and using common provisions, whereas LPA Form 2 enables a person to customize the power to be conferred upon the donees. Form 2 is usually made out with the assistance of a lawyer because it is more specific.
- Get certification from a certificate issuer: The LPA form has to be certified by an approved certificate issuer, such as a lawyer, doctor, or psychiatrist. He/she ascertains that the donor has understanding of the implications of making an LPA and is not under undue influence. Certification acts as a safety feature to prevent misuse.
- Lodging with the Office of the Public Guardian: Once the form is completed and signed, it needs to be lodged with the Office of the Public Guardian. A registration fee is payable, although some groups may be able to apply for a subsidy to meet this cost. The OPG will check and register the LPA; this process takes about three weeks if there are no complications.
- Wait for Registration and Issue Confirmation: Once the OPG completes the registration, they will issue a confirmation. The LPA only takes legal effect when the donor loses mental capacity in the future.
Making an LPA in Singapore ensures peace of mind because one will have confidence that his welfare and properties are managed upon his mental incapacity by persons he trusts.