Lasting Power Of Attorney
What Is A Lasting Power Of Attorney (“LPA”)?
A Lasting Power of Attorney (“LPA”) is a legal instrument to allow another (“your donee”) to act on your behalf in the event that you lose the mental capacity to make your own decisions in the future. This allows you, as a donor, to make a considered choice as to who your donee should be.
There are two LPA forms available from the website of the Office of the Public Guardian (OPG). Form 1 is a simplified form that may be filled in by yourself, while Form 2 will require drafting by lawyers. However, all forms require a lawyer's witnessing before it may be submitted to the OPG.
Powers Of The Donee In a LPA
The powers given to your donee under a LPA are only activated when the donor loses mental capacity, and not at the time of execution of the LPA.
A LPA enables the donee to have powers in relation to 2 major aspects on behalf of the donor, namely: a) personal welfare, and b) property and affairs.
Requirements Of A LPA
The requirements for making a LPA are as follows:
You must be at least 21 years old
You must have the mental capacity to make the LPA
You must not be an undischarged bankrupt if you wish to make an LPA for property and affairs matters
If no LPA was done before one loses mental capacity, what can a relative do?
A deputy is someone empowered by the Court to make decisions on behalf of a person who lacks mental capacity if that person has not made a Lasting Power of Attorney and has no deputy to act on his behalf. An application may be made to the Court for someone to be appointed deputy under the Mental Capacity Act (MCA). Please refer to our guide to MCA Applications to find out more.
What should I bring for my first consultation?
If you have made an appointment for a consultation with our lawyers, kindly ensure you bring the following documents with you:
1. NRIC of donor's donee(s) and substitute donee(s);
2. If a HDB Flat or Property is involved, the title deeds to confirm whether the title is held in joint tenancy or tenancy in common.