Lasting Power of Attorney (LPA) in Singapore: Complete Guide

A Lasting Power of Attorney (LPA) is a legal document which allows a person who is 21 years of age or older (the Donor) to voluntarily appoint one or more persons, called donees, to act and make decisions on his behalf if he should lose mental capacity one day, for example through stroke, dementia or coma. It is made under the Mental Capacity Act and cannot be used until it is registered with the Office of the Public Guardian (OPG).

The LPA allows you to protect your interests by indicating your personal, considered choice of a decision maker, ie. someone you trust to be reliable, competent and capable, to make decisions and act on your behalf should you become vulnerable when you lose your mental capacity.

What do you mean by mental capacity? #

Mental capacity is the ability to make a decision. A person can lack mental capacity if he has an injury, disorder or condition (eg. stroke, coma) that affects the way his mind works. He will have difficulty making decisions all of the time, or it might take him a long time to make a decision. This could be a decision that affects daily life, for example what to wear, or a more significant decision, for example whether to undergo a surgical procedure or purchase an investment.

Who can make an LPA? #

1. You are at least 21 years old;
2. You have the mental capacity to make the LPA; and
3. You are not an undischarged bankrupt, if you wish to make an LPA for property and affairs matters.

For the LPA to be valid, it must be registered with the Office of the Public Guardian.

What are the benefits of making an LPA? #

An LPA is an advance planning document, just like a Will, in which you plan before the happening of an event, ie. before losing your mental capacity. In brief, it lets you decide:

1. the decisions you want made on your behalf if you lose capacity to make them yourself;
2. the people you want to make these decisions; and
3. how you want those people to make these decisions.

By planning ahead, it also alleviates the difficulties faced by your loved ones in obtaining a court order for a guardian (called a “deputy”), who may not be your choice, to decide on your personal affairs should you lose your mental capacity. An application to court can involve substantial legal costs and expense.

What happens if I lose mental capacity without an LPA? #

If you do not make an LPA and subsequently lose your mental capacity to make certain decisions, the Mental Capacity Act allows someone else to apply to the Court to either make the specific decisions for you, or appoint one or more persons to be your deputy to make the decisions for you. If your family needs help with such an application, see how to engage us for a deputyship application.

What is the difference between an LPA and a Will? #

A Will is a written document that states who you want your assets and money (the estate) to go to when you pass away. It is effective only upon death. A Lasting Power of Attorney has a different purpose, and is only effective upon your losing mental capacity. Most people who plan ahead make both.

What is the difference between an LPA and an ordinary Power of Attorney? #

An ordinary Power of Attorney (POA) only allows your attorney to act within the powers given by you when you still have your mental capacity. It becomes invalid if you lose mental capacity or pass away. A Lasting Power of Attorney, created under the Mental Capacity Act, works the other way: it is only effective when you lose your mental capacity.

What decisions can my donee make for me? #

Donees can be appointed to cover two broad areas: personal welfare and/or property and affairs matters. You may grant one or both.

Personal welfare #

Personal welfare relates to matters such as where you should stay and your daily activities, including:

1. Where you should live
2. Who you should live with
3. Day-to-day care decisions (such as meals)
4. Medical treatment and care
5. Social activities you participate in
6. Management of your personal correspondence
7. Who you may have contact with

Property and affairs #

Property and affairs relate to financial matters and assets, such as managing your bank account and property. Examples:

1. Dealing with property, ie. buying, selling, renting and mortgaging property
2. Opening, closing and operating bank accounts
3. Receiving dividends, income or other financial entitlements on your behalf
4. Tax matters
5. Paying the rent, mortgage repayments and property outgoings
6. Paying bills
7. Investing your savings
8. Purchasing a vehicle or other equipment you need

Who can I appoint as my donee? #

Usually, your donee is someone you trust and can be relied upon, such as your spouse, son, daughter or sibling. A donee must be at least 21 years old when appointed. For personal welfare powers there are no further restrictions. A property and affairs donee who is an individual must, in addition, not be an undischarged bankrupt. The same person can be appointed as your donee for both personal welfare and property and affairs.

How many donees can I appoint? LPA Form 1 or Form 2? #

Under the standard LPA (LPA Form 1), you may appoint up to 2 donees and 1 replacement donee, granting general powers with basic restrictions. If you wish to appoint more donees, more than 1 replacement donee, or grant customised powers, LPA Form 2 applies, and the customised powers must be drafted by a lawyer.

Both Form 1 and Form 2 LPAs are applied for and completed online at OPG Online (OPGO), save for exceptional scenarios where a hardcopy application is permitted.

Does my donee need to consent to the appointment? #

Yes. Your donee must be informed and must consent to the appointment. After you submit your LPA application at OPGO, each donee receives a notice and must log in to OPGO with his or her own Singpass to accept the appointment. A donee may also reject the appointment on OPGO; you will be notified through SMS, and you will need to redraft your LPA and appoint a new donee.

Should I appoint my donees jointly or jointly and severally? #

If you appoint more than one donee, they can be appointed jointly or jointly and severally. There are pros and cons in either mode.

If they are appointed jointly, all of them must act unanimously at all times, eg. all signing cheques. This may provide more protection against one donee acting against your wishes, but may cause administrative difficulties if one of them is away on holiday, and if one of them dies or becomes bankrupt or mentally incapacitated, your LPA may be invalidated.

If you appoint donees to act jointly and severally, any one of them can act on his own, independently of the others, and they can also act together. Should any of them die or become bankrupt, the remaining donee can continue to act.

Usually, it is a matter of the trust the Donor places in each donee to act in his or her best interests. If you are comfortable with any one donee making decisions on your behalf, then “jointly and severally” is the usual choice. It is ultimately a matter of choice for the Donor.

Who certifies my LPA, and who witnesses the signing? #

Your LPA must be certified by a Certificate Issuer (CI) as prescribed by the Mental Capacity Act. The eligible Certificate Issuers are:

1. A medical practitioner approved by the OPG
2. A practising Singapore lawyer
3. A psychiatrist

Since the launch of the OPG Online (OPGO) system in November 2022, the LPA is made online by default: you apply at OPGO, your donees accept the appointment through OPGO, and you then visit a Certificate Issuer, such as the lawyers at Loh Eben Ong LLP, in person. The CI acts as a safeguard to ensure that you understand the purpose of the instrument and the scope of the authority conferred, that no fraud or undue pressure is being used to induce you to create the LPA, and that there is nothing else which would prevent an LPA from being created. You and the CI digitally sign the LPA, and the CI then submits your LPA to the OPG for registration via OPGO. See how to submit your LPA online at OPGO and our LPA checklist. Wet-ink signing of a paper form applies only in the exceptional situations where a hardcopy LPA is allowed.

Certificate Issuer fees vary with the certificate issuer. For our certification fee, please submit our LPA Quote form.

Where can I find the official LPA forms and resources? #

By default you no longer fill in a paper form: the LPA is completed online at OPGO using Singpass. Hardcopy LPA forms and other resources, such as the OPG’s guides and Code of Practice, are published on the MSF/OPG website at msf.gov.sg/opg, and the links change from time to time, so please locate the current versions there.

What are the key LPA terms, and are translations available? #

Term	Mandarin	Malay	Tamil
Office of the Public Guardian	公共监护人办公室	Pejabat Penjaga Awam	பபொது கொப்பொளர் அலுவலகம்
Lasting Power of Attorney	持久授权书	Surat Kuasa Berkekalan	நீ ண் டகொல அதிகொரப் பத்திரம்
Mental Capacity	心智能力	Keupayaan mental	மனநல ஆற்றல்
Mental Capacity Act	心智能力法令	Akta Keupayaan Mental	மனநல ஆற்றல் சட்டம்
Donor	授权人	Pemberi kuasa	டடொனர்
Donee	被授权人	Penerima kuasa	டடொனீ
Certificate Issuer (CI)	证书签发人	Pengeluar Sijil (CI)	சொன்றிதழ் பிறப்பி ப்பவர்
Deputy	代理人	Pemangku	அதிகொரம் பபற்ற பிரதிநிதி
Personal Welfare	个人福利	Kebajikan peribadi	தனிப்பட்ட நலன்
OPGO	公共监护人办公室线 上服务	OPGO (Pejabat Penjaga Awam Dalam Talian)	பபொது கொப்பொளர் இணைய அலுவலகம் (OPGO)
Singpass	电子政府密码	Singpass	சிங்பொஸ்
Electronic Signature	电子签名	Tandatangan elektronik	மின்னியல் ணகபயொப்பம்
Electronic Copy [of LPA]	电子版持久授权书	Salinan elektronik Surat Kuasa Berkekalan (LPA)	மின்னியல் பிரதி [நீ ை் டகொல அதிகொரப் பத்திரத்துணடயது]
CitizenConnect Centre	公民联络中心	Pusat Hubungan Rakyat	குடிமக்கள் இணைப்பு நிணலயம்

What does an LPA cost, and what next? #

The fees for making an LPA include a professional fee payable to the certificate issuer (see our LPA fee page) and an application fee payable to OPG. Once made and certified, your LPA must be registered before it can be used, and it can be revoked while you retain capacity. See also what happens after your LPA is made.

Ready to proceed? Start with our LPA checklist, request a quote through our LPA Quote form, or contact us.