Lasting Power of Attorney

PRACTICE OVERVIEW

Why do we need a Lasting Power of Attorney? Since the late 2000, the government recognised the need for individuals to make provisions for themselves in the event of a mental incapacity. The Mental Capacity Act 2008 was introduced to deal with these pressing issues. Not many think that far ahead but a lasting power of attorney (“LPA”) plays an important role in many of our lives (the later part of it).

Briefly, 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 his/her behalf if he/she loses mental capacity one day. A Donee can be appointed to act in the two broad areas of personal welfare and property & affairs matters.

There are two (2) types of LPA, namely, LPA Form 1 and LPA Form 2. LPA Form 1 grants the Donee(s) general powers with basic restrictions, whereas LPA Form 2 grants the Donee(s) customised powers at the Donor’s choosing. LPA Form 2 must be drafted by lawyers.

Personal welfare includes making decisions relating to the Donor’s wellbeing, i.e. healthcare, daily activities, where the Donor should live, where the Donor’s mails get sent to etc;

Property & Affairs will be for the Donor’s assets. This includes managing of the Donor’s bank accounts, CPF, insurance policy(ies) and residential property.

The Donee(s) are bound by the LPA and our Statutes to act in the Donor’s best interest. The Office of Public Guardian (“OPG”) can look into cases where they find that the Donee(s) have not acted in the Donor’s best interest and take action.

We at HTAP have the necessary experience to assist you with both LPA Forms 1 and 2. Our lawyers have drafted numerous comprehensive LPAs Form 2 and are well equipped to advise you on the creation of your LPA. We will be able to advise you on the legalities of the LPA to help you better understand the need for and importance of doing your LPA. Should chose LPA Form 1, we also act as LPA certificate issuer. The certificate is mandated by law where you require the LPA Form to be witnessed and certified by an LPA certificate issuer. Any one of the following professionals in Singapore can be the certificate issuer for your LPA: