In Singapore, a Lasting Power of Attorney (LPA) in Singapore is one of the legal documents that enable any individual, referred to as the “donor,” to appoint one or more persons, called “donees,” to make decisions for them in case they lose their mental capacity at any point in time. A person could lose their mental capacity because of conditions such as dementia, stroke, or any other illness resulting in loss of cognitive function. This is the reason why the LPA acts to provide an added layer of security for both the donor and his family in ensuring trusted people have the legal authority to act on matters considered a necessity in a person’s life when the person is no longer able to make such decisions themselves.
The two broad areas of decision-making that the LPA considers in Singapore refers to personal welfare and property and financial affairs. Under personal welfare, the “donees” so appointed can decide on healthcare, accommodation, daily routines, and even down to social activities. In regard to property and financial affairs, the donee or donees is authorized to deal with the assets, manage bank accounts, pay bills, or even make investments on the donor’s behalf. The LPA allows the donor to set specific instructions or restrictions on these areas, giving them control over how decisions should be made in the future.
The LPA has to be made by the execution of the LPA Form 1 or 2 in Singapore for standard or customized provisions, respectively. This should then be attested on by a certificate issuer, a lawyer, doctor, or psychiatrist showing that the donor has understood the implications of what the LPA is all about and he is not under undue influence. This is then registered with the Office of the Public Guardian, the body responsible for overseeing the rules surrounding the LPA and ensuring compliance with them.
Setting up an LPA is particularly useful for future planning. It avoids lengthy court procedures in case of mental incapacity when no clear legal provision is available, a situation which can be very distressing and costly to any family member involved. Through an LPA in Singapore, a person is well ahead in appointing persons of his choice whom he can trust to act on his behalf in cases where his judgment may be compromised.