According to Singapore’s Mental Capacity Act, a Lasting Power of Attorney (LPA) is a legal instrument that allows a donor to appoint one or more donees to make decisions about the donor’s personal welfare, property, and affairs when the donor no longer has the mental capacity to make such decisions.
While a standard LPA confers broad authority to the donee(s), it can also be limited to specified matters related to the donor’s personal welfare, property, and affairs. Generally, the LPA remains effective until the donor’s death, unless it is revoked or terminated.
A Lasting Power of Attorney is an important legal tool, providing peace of mind regarding your well-being and that of your loved ones in the event of losing mental capacity. These include:
| Lasting Power of Attorney (LPA) | Appointing a Deputy |
|---|---|
| The Lasting Power of Attorney is made before incapacity begins | No Lasting Power of Attorney exists when incapacity begins |
| Personal affairs of the incapacitated person are managed by a donee appointed in the LPA | Personal affairs of the incapacitated person are managed by a Deputy |
| The donor can define the scope of the donee’s authority when writing the LPA | The powers of the Deputy are defined by the Family Justice Courts; major decisions may require additional approvals |
| The Lasting Power of Attorney is registered with the Office of the Public Guardian (OPG) | The Deputy is appointed through a court order; the Deputyship is subject to court oversight |
| Making an LPA usually takes less time and involves lower costs compared to the court process for Deputyship. | Appointing a Deputy can take considerable time and higher legal costs |
Founding & Managing Partner, IRB Law LLP
Mohamed Baiross is the managing partner of IRB Law and one of the nation's leading lawyers in multiple practice areas, including civil, corporate, and commercial law. With over three decades of experience as a business lawyer, Mohamed Baiross has built a renowned corporate law firm in Singapore, providing expert legal services to global corporations and local businesses.
Partner
Fazal is a partner at IRB Law, and his practice encompasses a broad spectrum of contentious matters such as arbitration, civil, criminal, and family. He handles both Civil and Muslim matters.
In this article, we will run through an overview of lasting powers of attorney in Singapore. Should you need any…
29.05.2021
What is the Mental Capacity Act? In an article published by the Singapore Medical Association in 2016, it was revealed…
29.05.2021