- A power of attorney is for when you are mentally capable but unavailable.
- A power of attorney ends if you lose mental capacity.
- A Lasting Power of Attorney takes effect when you lose mental capacity.
- Without an LPA, family may have to apply to court to become deputies.
The ordinary power of attorney
A power of attorney (often shortened to POA) is a document in which one person, the donor, gives another person, the donee, authority to act on their behalf. It can be general, giving wide powers, or limited to particular matters or a particular period.
A familiar use in Singapore is property. An owner who is overseas but wants to sell, buy or rent out a flat can sign a POA so that someone in Singapore can handle the transaction; there is a specific type for HDB flats. People who are bedridden or moving into long-term care also use POAs so a family member can manage bank matters for them.
The key limitation is that a POA stops working if the donor loses mental capacity. At the moment it is often most needed, it can no longer be relied on.
The Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is made under the Mental Capacity Act. You make it while you are still mentally capable, and it is designed to be used if you later lose capacity, for example through a stroke, brain injury or dementia.
Anyone aged 21 or over who has the mental capacity to make it can create an LPA. Donees must also be at least 21. You can give your donees authority over one or both of two areas:
- Personal welfare: matters such as where you live and your day-to-day care.
- Property and affairs: matters such as your bank accounts, property, investments and paying your bills.
Form 1 and Form 2
There are two versions. Form 1 grants general powers with some standard restrictions and can be completed online through the Office of the Public Guardian. Form 2 is for people who want customised powers and is drafted with a lawyer.
Certification and registration
An LPA must be signed in front of a certificate issuer; practising lawyers are among the professionals who can act in this role. The certificate issuer confirms that you understand what you are signing, and that no one is pressuring you or acting fraudulently. The LPA is then registered with the Office of the Public Guardian before it can be used.
Side by side
- When it works: a POA works while you have mental capacity; an LPA works after you lose it.
- Typical use: a POA for absence, travel or a single transaction; an LPA for long-term planning against illness or injury.
- Scope: a POA can cover almost any legal act you choose; an LPA covers personal welfare, property and affairs, or both.
- Formalities: an LPA must be certified by a certificate issuer and registered with the Office of the Public Guardian.
What happens without an LPA
If someone loses mental capacity without an LPA in place, their family may need to apply to court to be appointed as deputies before they can make decisions or access funds. That process tends to be slower and more costly than making an LPA in advance.
Many people find they need both documents: a POA for a specific task now, and an LPA as a safeguard for the future. A lawyer can review your situation and explain your options.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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