Lasting Power of Attorney (LPA Certification) Singapore

Lasting Power of Attorney | LPA Certification

What is a Lasting Power of Attorney (LPA)?

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:

Form 1 is the standard version you use to grant your donee(s) general powers with basic restrictions.
Form 2 is for those who have non-standard requirements and wish to grant their donee(s) customized powers. Take note that the clauses in Form 2 have to be drafted by a lawyer.

Why should I make an LPA?

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.

How to make an LPA?

1 Choose a donee/donees wisely

A donee can be either a professional donee or non-professional donee as long as they agree to undertake this responsibility.
A professional donee can be an individual or an organization that acts as a donee on a paid basis. A professional donee cannot be related to the donor by blood or marriage. An organization that is chosen to be a professional donee will only be allowed to manage the donor’s property and affairs.
A non-professional donee are individuals who voluntarily take up the role without remuneration. These individuals must be at least 21 years old and cannot be an undischarged bankrupt.
Choose what decision powers to grant to them. If you have more than one donee, decide how they are to act. They can either act jointly or jointly & severally. If you appoint them to act jointly, then the joint appointment will be terminated if any of the donees are unable to act. If you appoint them to act jointly & severally, then donees can act without the other donee(s).

2. Draft your LPA online

Use your Singpass and log onto the Office of Public Guardian Online (OPGO). You can draft your LPA there and your donee(s) can accept their appointment on OPGO.

3. Visit a Certificate Issuer (CI)

A CI acts as a safeguard to ensure that you are not being coerced into making an LPA, and ensures that you are aware of the power and ramifications of making an LPA. CIs can be accredited medical practitioners, practicing lawyers or registered psychiatrists.

4. Submit your LPA application

You and the CI will sign the LPA and it will be submitted immediately to OPGO for approval.
Donor and donee(s) will be notified of the LPA status when it is accepted and registered.

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.

FAQs

Who would be considered a good fit as a donee?

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.

How long will it take for my LPA to be accepted?

Donor and all donees will receive an acceptance letter within 3 weeks of the application reaching OPGO.
Thereafter, there is a 3 week mandatory waiting period before the LPA can be registered. If no objections are raised during this period, the LPA will be registered on the next working day. Within a week from registration, donors and donees will receive a Notice of Registration letter and can view the softcopy registered LPA on the e-services portal via Singpass login.

Are there any restrictions on who can be my CI?

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.

Must the donee be present when the CI witnesses and certifies the LPA?

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.

Can I revoke my LPA after it has been registered?

Yes, you can terminate your LPA at any time if you are deemed to have the mental capacity to do so.

Can my donee’s powers be revoked even if I did not revoke the LPA?

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.

What if I lose my mental capacity without making an LPA?

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.