What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) lets you choose the people you trust to make decisions and act for you, if you ever lose the mental capacity to do it yourself.
You can lose mental capacity suddenly, through an accident, a stroke or a tumour, or slowly, through dementia and other causes. With an LPA, the people who step in are the ones you chose in advance.
An LPA is one part of estate planning. It covers the time when you are alive but cannot decide for yourself, while a will covers what happens after you pass away.
All LPA matters are managed by the Office of the Public Guardian (OPG).
- Donor
- You, the person making the LPA.
- Donee
- Someone you appoint to decide and act for you.
- Replacement donee
- Your back-up, if a donee can't act.
What goes into an LPA?
Two decisions: who you appoint, and what they are allowed to do.
Choose your donees
Every donee must be 21 or older and of sound mental capacity. It helps to ask whether they:
- Are willing to care for you and act on your behalf
- Know your preferences and concerns
- Are trustworthy and have integrity
- Are competent and resourceful
- Will be available once you have been certified as lacking mental capacity
- Are in good health and not too advanced in age
- Are unlikely to have a conflict of interest with other family members
Decide their powers
Decide which types of power each donee gets, and whether they act jointly or jointly and severally.
Donees decide together.
Donees have to act together and never on their own. The joint appointment ends when any one donee is unable to act.
What happens if you don't have an LPA?
If you lose mental capacity without one, your family has to go through the courts. It usually goes like this:
Application
A family member applies to the Family Justice Courts to be appointed as your deputy, someone the court appoints to manage your affairs.
Assessment
Medical professionals assess you and confirm that you lack mental capacity.
Court order
The court gives the deputy authority over specific areas: your personal welfare, property and affairs.
Accessing funds
The deputy can apply to withdraw funds for your care, and must submit an annual audit to the court.
What it can mean for your family
Legal hurdles
Until a deputyship is approved, important decisions about your welfare or finances may be delayed. Applications can take 3 to 6 months, which is a long wait when you cannot decide for yourself.
Added costs
Applying for a deputyship can cost your family about S$8,000 to S$10,000. That is paid from their own pockets, not yours.
A deputy you didn't choose
The court chooses your deputy, not you. Without naming someone beforehand, family members who disagree on financial decisions can end up in dispute.
Your wishes may go unheard
Without a donee you have chosen, decisions may be made by the court or by others who don't fully understand your preferences.
How do I get started?
Here's what you need to know.
Two fees apply when you submit
- A government fee (check the OPG website for the current amount)
- A fee to the certificate issuer
Most of it can be done online
You can complete most of the application with your Singpass.
The last step is in person
About a fifth of the process is a visit to the certificate issuer, who confirms that you are of sound mind when you apply.
Applying for your parents? Talk them through what will happen before you bring them to the certificate issuer.
Where do I apply?
I'm happy to help. Get in touch for a consultation and I'll guide you from start to finish.
Prefer to do it yourself? Log in to the OPG eService with Singpass and choose “Apply for an LPA”.
Open the OPG eService(opens in a new tab)This page is general information, not legal advice. Every situation is different, so speak to me or a legal professional about what suits you.
Common questions about LPAs
Planning for what comes after, too? See how I help with wills, trusts and estate planning.
What is the difference between an LPA and a will?
An LPA works while you are alive. It lets the people you chose make decisions for you if you lose mental capacity. A will only takes effect after you pass away, and sets out who receives your assets. They do different jobs, and sit side by side in a complete estate plan.
Do I still need a will if I have an LPA?
Yes. An LPA does not decide what happens to your assets after you pass away. That is what a will, and sometimes a trust, is for.
Is an LPA part of estate planning?
Yes. Estate planning covers two questions: who decides for you if you ever cannot, and who receives what afterwards. An LPA answers the first; wills and trusts answer the second. I am a certified estate planner, and can look at both with you together.
Who can I appoint as my donee?
Anyone aged 21 or above who has sound mental capacity, and whom you trust to act in your best interests. It is worth naming a replacement donee too, in case your first choice is unable to act.
When should I make an LPA?
While you still have mental capacity. Once capacity is lost, it is too late to make one, which is why it is best done early, and before an emergency.
How do I apply for an LPA in Singapore?
You apply through the OPG eService with your Singpass. Most of the process is online, and the last step is a visit to a certificate issuer, who verifies that you are of sound mind.