It’s never easy to imagine a time when you might not be able to make decisions for yourself. But life can be unpredictable. Whether due to illness, an accident, or ageing, there may come a point when you’ll need someone to make important choices on your behalf. This is where understanding what is lasting power of attorney is becomes important, especially in Singapore, where future planning can make a real difference for you and your loved ones.
What Is A Lasting Power Of Attorney?
A Lasting Power of Attorney (LPA) is a legal document that lets you appoint someone you trust, known as a donee, to make decisions on your behalf if you lose mental capacity in the future. This can include decisions about your property, finances, and personal welfare.
In Singapore, the lasting power of attorney is governed by the Mental Capacity Act and registered with the Office of the Public Guardian (OPG). It’s a safeguard that gives your loved ones the legal authority to act for you, without having to go through a lengthy Court process during an already difficult time.
Why Consider An LPA In Singapore?
Many Singaporeans only learn about what a lasting power of attorney is in Singapore when something unexpected happens, and by then, it might be too late. If there’s no LPA in place and a person becomes mentally incapacitated, their family will need to apply to the Court to appoint a deputy, which can be costly, time-consuming, and emotionally draining.
Having a lasting power of attorney in Singapore simplifies this. It ensures your wishes are respected and your affairs are handled by someone you trust. It also avoids unnecessary legal hurdles for your loved ones.
What Can An LPA Cover?
A lasting power of attorney gives your chosen donee the authority to make decisions in areas you specify, and this typically falls into two main categories:
1. Personal Welfare – This includes decisions about your daily life and care arrangements if you lose mental capacity. For example, your donee may decide where you live, what type of care you receive, and even who can visit you.
They may also be responsible for matters such as your diet, medical appointments, and personal safety. These decisions must always be made in your best interest, and only when you are unable to make them yourself.
2. Property & Affairs – This area covers the financial and legal aspects of your life. Your donee can manage your bank accounts, settle bills, handle investments, and even buy or sell property on your behalf.
They may also deal with government agencies or financial institutions when required. However, their powers are clearly defined and cannot be used for personal gain. You have the choice to set specific limits or instructions in the LPA to guide how your affairs should be managed.
Who Can Make An LPA?
In Singapore, making a lasting power of attorney is open to anyone who meets the legal criteria. You can apply if you:
- Are at least 21 years old
- Understand what an LPA is and the consequences of creating one
- Have mental capacity at the time of making the application
- Are not bankrupt, if you’re appointing a donee to handle your property and affairs
The process also requires your form to be certified by an LPA certificate issuer, which ensures that you are making the decision voluntarily and with full understanding. Certificate issuers include practising lawyers, accredited general practitioners, and psychiatrists approved by the Public Guardian.
It’s worth noting that you have the flexibility to appoint more than one donee, and you can also specify how they are to make decisions, either jointly or independently. Choosing someone you trust, who understands your values and preferences, is essential. Making an LPA isn’t just about legal formalities; it’s about setting up the right people to protect your best interests if you’re no longer able to speak or act for yourself.
Conclusion About The Meaning Of Lasting Power Of Attorney In Singapore
Planning for the future isn’t about being negative, it’s about being responsible. Knowing what is lasting power of attorney is and making an LPA helps protect your interests and gives your loved ones peace of mind if something unexpected happens.
If you’re unsure how to start or need guidance tailored to your situation, speak to the team at Tembusu Law. We’re known for having some of the best criminal lawyers and family lawyers in Singapore who can help you make confident, informed decisions.
Ready to take control of your future? Reach out to Tembusu Law today for a free consultation and legal support that puts your needs first.
Frequently Asked Questions About The Meaning Of Lasting Power Of Attorney In Singapore
Who Should Consider Making An LPA?
Anyone above 21 years old with mental capacity should consider making an LPA. It’s especially important for those with assets, dependents, or specific wishes about their care.
How Long Does It Take To Register An LPA?
The Office of the Public Guardian typically takes about 8 to 10 weeks to process an LPA, including a mandatory waiting period to allow for objections.
Can I Appoint More Than One Donee?
Yes, you can appoint more than one donee. You may specify whether they are to act jointly, jointly and severally, or for different decision types.
What Happens If I Don’t Have An LPA And Lose Mental Capacity?
If there’s no LPA and you lose mental capacity, your family will need to apply to the Court for a deputyship order, which can take time and involve more costs.
Can I Change My Donee After Registering My LPA?
Yes, as long as you still have mental capacity, you can revoke your existing LPA and submit a new one with your updated choice of donee.
