The LPA is a legal instrument which 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 mental capacity one day. A donee can be appointed to act in the two broad areas of personal welfare and/or property & affairs matters
There are two different LPA forms available to cater to the needs of individuals:
Making an LPA is highly recommended as it gives you more control over what happens to you, even if you ever lose the mental capacity to make your own decisions. As a safeguard, the LPA can only be used by the donee(s) after you have been certified by a registered medical practitioner to have lost mental capacity.
It is important to note that a family member is not automatically given the right to make legal decisions on your behalf should you lose mental capacity.
This can hinder their ability to care for you should you lose mental capacity as they will be unable to manage your finances and properties, and make care arrangements. In such an event, your family member will have to apply to Court to be appointed as your deputy to seek authorization to make decisions and act on your behalf. This process is usually more costly and tedious than making an LPA.
1 Choose a donee/donees wisely
2. Draft your an LPA online
3. Visit a Certificate Issuer (CI)
4. Submit your LPA application
OPG has extended the LPA Form 1 application fee waiver for Singapore Citizens to 31 March 2023, to encourage more Singaporeans to plan ahead and apply for an LPA.
Apply for a LPA here: https://opg-eservice.msf.gov.sg/
Subsequently, make an appointment with us using the Contact Form (below on this page) for LPA certification.
Your donee(s) should be someone trustworthy and competent to make decisions for you in the event that you lack the mental capacity to do so for yourself.
A CI cannot be someone who might face a conflict of interest when certifying the LPA. Such people include family members of the donor or a business partner or employee of the donor.
There is no requirement for the donee to be present. However, some CIs may prefer that the donees are present. Hence, it would be best to check with the CI beforehand.
Yes, it is possible under certain circumstances such as your donee passing away or being deemed as lacking mental capacity to act as a donee.
The Mental Capacity Act allows someone else to apply to the Court to either make specific decisions for you, or appoint one or more persons to be your deputy to make decisions for you in such an event. However, this process is time consuming and costly.
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