In Singapore, planning for future healthcare and financial decisions involves understanding legal instruments like the Advance Medical Directive (AMD) and the Lasting Power of Attorney (LPA).
These documents provide individuals with the means to outline their preferences and appoint trusted persons to make decisions on their behalf. This article explores what an AMD is, how it differs from an LPA, and the importance of obtaining LPA certification.
Understanding Advance Medical Directive (AMD)
An Advance Medical Directive (AMD) is a legal document that allows individuals to state their wishes regarding medical treatment in scenarios where they become terminally ill and unable to communicate their decisions. The primary purpose of an AMD is to prevent unnecessary prolongation of life through life-sustaining treatments when there is no reasonable prospect of recovery.
How It Works
When a person makes an AMD, they are instructing their healthcare providers to withhold or withdraw extraordinary life-sustaining measures in the event they are terminally ill and unconscious or incapable of making decisions. This directive only comes into effect under specific conditions, ensuring that the individual’s wishes are respected without compromising their right to standard medical care and pain relief.
Making an AMD in Singapore
In Singapore, the process of making an AMD is straightforward but requires careful consideration and compliance with legal requirements:
- Eligibility: The individual must be at least 21 years old and mentally sound.
- Form: The AMD form must be completed, witnessed, and signed by two witnesses, one of whom must be a registered medical practitioner.
- Submission: The completed AMD form is submitted to the Registrar of AMDs, ensuring it is registered and legally binding.
Benefits of AMD
- Autonomy: Ensures personal control over end-of-life decisions.
- Peace of Mind: Provides clarity and reduces the burden on family members during critical moments.
- Avoids Unwanted Treatment: Prevents prolonged suffering through unwanted medical interventions.
Understanding Lasting Power of Attorney (LPA)
A Lasting Power of Attorney (LPA) is a legal document that allows individuals (donors) to appoint one or more persons (donees) to make decisions on their behalf if they lose mental capacity.
The LPA covers two broad areas: personal welfare and property and affairs. The donee is empowered to make decisions in the best interest of the donor, ensuring their needs and preferences are met when they are no longer able to do so themselves.
How It Works
An LPA is activated when the donor loses mental capacity, whether due to illness, injury, or other circumstances. The donee(s) then take on the responsibility of making decisions that align with the donor’s best interests and previously stated wishes.
Making an LPA in Singapore
The process of creating an LPA in Singapore involves several key steps:
- Eligibility: The donor must be at least 21 years old and understand the implications of the LPA.
- Form: There are two forms: LPA Form 1 for standard powers and LPA Form 2 for customised powers. The form must be signed by the donor and witnessed by an LPA certificate issuer, such as a medical practitioner, lawyer, or psychiatrist.
- Registration: The completed LPA form is submitted online to the Office of the Public Guardian Online (OPGO) for registration. Once registered, it becomes a legal document.
Benefits of LPA
- Comprehensive Coverage: Addresses both financial and personal welfare decisions.
- Trust: Ensures that trusted individuals are making decisions on behalf of the donor.
- Future Planning: Provides a clear plan for managing the donor’s affairs in case of mental incapacity.
Key Differences Between AMD and LPA
While both AMD and LPA serve as crucial legal tools for future planning, they differ significantly in their scope, purpose, and implementation.
Scope of Authority
- AMD: Specifically focused on medical treatment decisions at the end of life. It only takes effect under terminal conditions where the individual is unable to communicate.
- LPA: Broader in scope, covering personal welfare and financial decisions when the individual loses mental capacity, regardless of the medical condition.
Decision-Making Process
- AMD: Directly communicates the individual’s wishes regarding life-sustaining treatments, leaving no room for interpretation.
- LPA: Empowers a trusted person (donee) to make a wide range of decisions based on the best interests and known preferences of the individual (donor).
Activation
- AMD: Activated only under specific terminal conditions where the person is unable to make decisions.
- LPA: Activated when the person loses mental capacity, irrespective of the specific medical condition.
Importance of LPA Certification
Obtaining LPA certification is crucial to ensure the legal validity and proper implementation of the Lasting Power of Attorney. Certification provides:
- Verification: Confirms that the donor understands the implications of the LPA and is making the decision voluntarily.
- Legal Assurance: Ensures the document meets legal standards and can be enforced when necessary.
- Protection: Safeguards against potential abuse by ensuring that the donee’s authority is appropriately granted and limited to the donor’s intentions.
Making the Right Choice
Choosing between an AMD and an LPA, or deciding to implement both, depends on individual circumstances and future planning needs. In Singapore, having these legal documents in place can significantly ease the burden on family members and ensure that personal wishes are respected.
Secure Your Future with Expert Guidance on AMD and LPA Certification at Keystone Clinic & Surgery
If you are considering making an AMD or obtaining LPA certification, Keystone Clinic & Surgery offers expert guidance and support to help you through the process. Our experienced professionals can provide detailed advice tailored to your specific needs, ensuring that your future planning is comprehensive and legally sound.
References
Singapore Medical Association. 2022. Wills, AMDs and LPAs: What’s the Difference?. https://www.sma.org.sg/news/2022/September/Wills-AMDs-and-LPAs–Whats-the-Difference#:~:text=The%20AMD%20allows%20a%20person,decisions%20on%20his%2Fher%20own.
Lifelegacy.sg. Legal Protection: What is the Difference Between LPA and AMD?. https://www.thelifelegacy.sg/post/legal-protection-what-is-the-difference-between-lpa-and-amd
Moh.gov.sg. 2023. Advance Medical Directive. https://www.moh.gov.sg/hpp/all-healthcare-professionals/guidelines/GuidelineDetails/advance-medical-directive#:~:text=An%20Advance%20Medical%20Directive%20(AMD,used%20to%20prolong%20one’s%20life.
Nlb.gov.sg. 2016. Advance Medical Directive. https://www.nlb.gov.sg/main/article-detail?cmsuuid=a08f05af-bcaf-4fa8-8ab6-45edc521777b
Msf.gov.sg. What is a Lasting Power of Attorney (LPA). https://www.msf.gov.sg/what-we-do/opg/lasting-power-of-attorney/what-is-a-lasting-power-of-attorney