Lasting Power of Attorney, Singapore LPA

A Lasting Power of Attorney (LPA) is a legal document made by a person (which is the donor), authorising one or more persons (the donee/s) to manage the donor’s affairs if one day the donor loses their mental capacity. 

A trustworthy, competent, and reliable person who knows the donor very well will be the best person to be appointed as a Donee to act on behalf of the Donor.

Under the Mental Capacity Act Singapore, section 4;

"  a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain. "

 It does not matter whether the impairment or disturbance is permanent or temporary.

The lack of Metal Capacity cannot be judged or assumpted by the person's age, appearance, or behavior.

 The benefits of an Lasting Power of Attorney (LPA) are:

• It enables the appointed person that the Donor entrusts to make personal and considerate choices from a trusted decision-maker, who is reliable and competent to act in their best interests if they lose mental capacity.

• It provides peace of mind and eliminates all difficulties faced by loved ones who need to apply for a Deputyship Order if they are mental capacity without an LPA in place.

What will happens if the mentally incapacitated person does not have a Lasting Power of Attorney (LPA)?

The court will appoint a person to be the court-appointed deputy to manage all their personal affairs and property. All these will come in the order from the court, which has to be applied by the mentally capacitated person's family members.

If the LPA is done early, the mentally incapacitated family members can avoid all of the above and other unforeseen hassles or disputes.

Below are the different types of appointed Donee:

Professional Donee

These hired donees are monetarily remunerated following their professional level. These professional donees can be an individual or an organisation.

Lawyers and social workers are commonly under this group of professional donees which are not related by blood or marriage to the Donor.

Non-professional Donee

The donor can appoint this non-professional donee without any monetary remuneration.

This non-professional donee must be at least 21 years of age and must not be an undischarged bankrupt, as they cannot manage the donor's property and affairs.

This trusted person appointed as the Donee has the authority to make sound decisions for the Donor's personal affairs, property, and financial matters.

This Donee is also granted access to the Donor's bank accounts through the order of an LPA.

Under the Mental Capacity Act in Section 3 and 6, where the Donee duties are clearly stated.

Section 3 - The Principles

• The Donor must be mentally incapacitated or lacks capacity.

• The Donor cannot be treated that they cannot decide on their own unless all methods have been tried without success.

• If the Donor cannot make a sound decision, it shall not be treated as they cannot make a decision.

• The decision or an act must be done or made in Donee's best interests.

• If any decision is to be made, the decision must be effectively achieved and less restrictive of the Donor's right and freedom of action.

Section 6 - Best Interest

• The Donor's age or appearance or their condition or an aspect of their behavior that leads others to an unjustified assumption shall not be the basis of making the determination.

• The determination must consider all relevant circumstances.

• The Donee must consider the Donor will be or likely to be mentally incapacitated in the near future.

• The Donee must encourage and permit the Donor to participate or improve their ability to participate in any act or decision made for them.

•  Where the determination relates to life-sustaining treatment, the Donee must not consider whether the treatment is in the best interests of the Donor's concerned, be motivated by a desire to bring about their death.

• Where the determination relates to the giving, refusal, or revocation of —

(a) appropriate consent of the person concerned under the Human Biomedical Research Act 2015, the Donor must take into account such matters, considerations, and procedures as may be prescribed under Part 3 of that Act; or

(b) consent of the Donor concerned under any written law relating to a clinical trial. The Donor must consider such matters, considerations, and procedures as prescribed in such written law.

•  Where the determination relates to the disposition or settlement of the Donor’s property, the Donee must be motivated by a desire to ensure, so far as is reasonably practicable, that the Donor’s property is preserved for application towards the person’s costs’ maintenance during his life.

• The Donee must consider, so far as is reasonably ascertainable —

(a) the Donor’s past and present wishes and feelings (and, in particular, any relevant written statement made by them when they had capacity);

(b) the beliefs and values that would be likely to influence his decision if they had capacity; and

(c) the other factors that the Donor would be likely to consider if they were able to do so

•  The duties imposed also apply concerning the exercise of any powers which —

(a) are exercisable under a lasting power of attorney (LPA); or

(b) are exercisable by a person under this Act where the Donee reasonably believes that the Donor lacks capacity.

•  In the case of an act done, or a decision made, by the Donor other than the court, there is sufficient compliance with this section if the Donee reasonably believes that what they do or decides is in the best interests of the Donor's concerned.

• The Donor must be aware of the determination made and the determination is reasonable to regards as relevant.

You can find this information here:  Mental Capacity Act - Singapore Statutes Online (agc.gov.sg)