Planning for the future isn’t just for those with complex estates or big bank accounts.
It’s for everyone who wants peace of mind, knowing their wishes will be respected, no matter what life throws at them.
And that’s precisely where a Lasting Power of Attorney (LPA) comes in.
In this post, you’ll learn:
- What an LPA is and why it’s so important
- How to create, register, and even amend an LPA
- The steps to choose Donees and avoid costly mistakes
Ready to take control?
Let’s dive in!
What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document designed to protect your interests if you cannot make decisions for yourself.
Created under the Mental Capacity Act in Singapore, it allows you (the Donor) to appoint 1 or more trusted individuals (Donees) to manage your personal welfare, financial matters, or both.
An LPA ensures your affairs are managed according to your wishes, even if you can’t communicate them due to conditions like dementia, mental illness, or accidents.
Why is it important to have a Lasting Power of Attorney?
An LPA gives you peace of mind, knowing that someone you trust will manage your affairs according to your wishes if you lose mental capacity.
It also spares your family the emotional and financial burden of court proceedings, which can be incredibly taxing during a difficult time.
The importance of an LPA becomes even more evident in cases of progressive conditions like Alzheimer’s or sudden events like a stroke or accident.
It ensures your best interests are safeguarded, from making rational healthcare decisions to managing financial matters like paying bills or handling investments.
Advantages of having an LPA
Ensures your wishes are respected
An LPA guarantees that your personal welfare and financial decisions are handled exactly as you intend, even if you cannot express those wishes yourself.
By appointing trusted Donees, you maintain control over who takes charge of your affairs.
Whether ensuring your healthcare preferences are followed or managing assets like property and bank accounts, an LPA gives you the power to choose someone who understands your priorities and values.
On the personal side, they can ensure that your living arrangements align with your preferences, whether staying in your home or moving to a care facility that matches your standards.
Without an LPA, there’s no guarantee your preferences will be honoured, as decisions could fall to a court-appointed deputy who may not fully understand or align with your intentions.
Reduces stress for loved ones
Without an LPA, your family would have to apply for deputyship through the courts, which is not only time-consuming but also emotionally draining and expensive.
An LPA removes this uncertainty, allowing your Donees to step in seamlessly when needed.
It spares your family from making difficult decisions under pressure, such as choosing between competing financial priorities or medical options.
Instead, they can focus on supporting you during a challenging time, knowing that everything else is handled.
Avoids costly and lengthy court processes
Court applications often involve legal fees, paperwork, and a significant waiting period.
All of which can create additional stress during an already challenging time.
By having an LPA in place, you eliminate the need for this burdensome process.
Your Donees can step in immediately, ensuring no delay in critical decisions about your care or finances.
Not only does this save money, but it also provides peace of mind knowing that your affairs are managed seamlessly without unnecessary legal hurdles.
What if you do not have an LPA?
The court will appoint a deputy
If you lose mental capacity without an LPA, someone will have to apply to the court for deputyship to act on your behalf.
This process is costly and time-consuming, often involving significant legal fees and months of waiting.
Worse, the person appointed as a deputy might not be your first choice, as the court decides based on available candidates and legal guidelines, not necessarily your personal preferences.
Delayed access to your finances and assets
Without an LPA, your loved ones may face challenges accessing your finances or deciding about your assets.
This delay can be particularly critical if urgent payments or medical expenses arise.
Strain on family relationships
The absence of an LPA can lead to disagreements among family members about who should take charge or what decisions should be made.
Such disputes can escalate, causing emotional strain at a time when unity and support are needed most.
Increased costs and emotional toll
The court application process for deputyship not only takes time but also adds unnecessary financial and emotional burdens on your family.
The legal fees alone can be significant, and the stress of navigating the process can take a toll on your loved ones, who are likely already struggling with the situation.
In short, not having an LPA can leave your affairs in disarray and create avoidable hardships for your loved ones.
What are the types of LPA available in Singapore?
LPA Form 1: General powers with basic restrictions
LPA Form 1 is the standard and most commonly used option.
It allows you to grant your Donee(s) general powers to make decisions about your personal welfare and/or property and affairs.
While it covers a broad range of decision-making areas, it has certain basic restrictions to ensure your Donees act within a defined framework.
This form is ideal if you’re looking for a straightforward arrangement without needing customisations.
Notably, 98% of Singapore Citizens who have made an LPA opted for Form 1, highlighting its practicality and simplicity.
LPA Form 2: Customised powers
If your situation requires more specific or tailored arrangements, LPA Form 2 might be the better choice.
This form lets you define customised powers for your Donee(s), allowing greater flexibility in managing your personal and financial affairs.
For instance, you might want to include detailed instructions about managing specific assets, business operations, or healthcare preferences.
However, because of its tailored nature, LPA Form 2 must be drafted with the help of a lawyer to ensure the clauses are legally sound.
While this adds an additional step, it’s a valuable option for those with complex requirements or unique circumstances.
How much does it cost to make a Lasting Power of Attorney in Singapore?
The cost of creating a Lasting Power of Attorney (LPA) in Singapore depends on a few factors, including the type of LPA form used, your residency status, and the fees charged by the certificate issuer.
Application fees for LPA
For LPA Form 1, the application fee is currently waived for Singapore Citizens until 31 March 2026, making it more accessible for most individuals.
However, if you’re a Permanent Resident or foreigner, the fees are as follows:
- Permanent Residents: $100
- Foreigners: $250
For LPA Form 2, the application fee is higher due to the customised nature of the document:
- Singapore Citizens: $200
- Permanent Residents: $300
- Foreigners: $400
Certificate issuer fees
To finalise your LPA, it must be certified by an authorised certificate issuer, such as a doctor, lawyer, or registered psychiatrist.
The certification fees vary depending on the certificate issuer you choose.
Generally, this can range from $25 to $80 for doctors and significantly more for lawyers, depending on the complexity of your situation.
What are the criteria for making an LPA in Singapore?
Creating a Lasting Power of Attorney (LPA) in Singapore requires meeting specific legal and procedural criteria.
The Donor, the individual creating the LPA:
- Must be at least 21 years old,
- Possess the mental capacity to understand the LPA’s implications, and
- For property-related decisions, not be an undischarged bankrupt.
The Donees, appointed to act on the Donor’s behalf, must:
- Be at least 21 years old,
- Mentally capable of handling the assigned responsibilities, and
- Not bankrupt if managing property and financial matters.
To ensure the LPA is made voluntarily, it must be certified by an authorised professional such as a doctor, lawyer, or registered psychiatrist.
The certification confirms the absence of coercion and that the Donor fully understands the document.
Finally, the LPA must be registered with the Office of the Public Guardian (OPG) to be legally valid and enforceable.
Steps to make a Lasting Power of Attorney (LPA)
1. Understand the types of LPA
Before starting, it’s crucial to understand the 2 types of LPA available in Singapore:
The LPA Form 1 is the standard form for most individuals, granting general powers to Donees with basic restrictions.
The LPA Form 2 is for those with specific or customised needs and requires a lawyer to draft the clauses.
Choose the type that best suits your requirements, considering your preferences for personal welfare and financial matters.
2. Choose your donee(s)
Your Donees are the people you trust to make decisions on your behalf.
Choose someone you trust, who is reliable, and who understands your values and priorities.
While family members are often chosen, you can also consider close friends or professionals, such as lawyers, depending on your needs.
You can appoint multiple Donees and even designate a replacement if a primary Donee cannot fulfill their role.
Clearly outline the scope of decisions they will manage, whether related to personal welfare, financial matters, or both.
3. Draft the LPA
Once you’ve decided on the type of LPA and chosen your Donee(s), the next step is to draft the document.
Start by downloading the appropriate form (Form 1 or Form 2) from the Office of the Public Guardian’s (OPG) website.
Next, complete the form by filling in your personal details and specifying the powers you wish to grant to your Donee(s).
Finally, review all the details to ensure accuracy and clarity.
4. Obtain donees’ acceptance
Your Donee(s) must formally accept their responsibilities under the LPA by understanding their role, agreeing to the tasks, and signing the form to confirm their acceptance.
If a replacement Donee is appointed, they must also review and sign the form.
5. Certification by an LPA certificate issuer
To ensure your LPA is created voluntarily and with full understanding, it must be certified by an authorised professional such as a doctor, lawyer, or psychiatrist.
During the certification session, the issuer will verify your identity, confirm your mental capacity, ensure the LPA is made without coercion, and explain its implications.
Once certified, the LPA is ready for registration.
6. Submit the LPA for registration
For your LPA to take effect, it must be registered with the Office of the Public Guardian (OPG).
Submit the completed and certified form online or in person, and pay the registration fee, which varies by residency status (free for Singapore Citizens using Form 1 until 31 March 2026).
The OPG processes applications within 3 weeks, during which a public notification allows for objections.
Once approved, you’ll receive confirmation, securing your LPA for future use.
7. Receive confirmation of registration
After submitting your Lasting Power of Attorney (LPA) to the Office of the Public Guardian (OPG), it undergoes a processing period of about 3 weeks.
During this time, the OPG issues a public notification for objections.
If there are no objections, the LPA proceeds to registration.
Once approved, you’ll receive a confirmation letter, validating your LPA as legally binding.
Your Donees will also have access to the registered LPA, allowing them to act on your behalf if needed.
How do I check the status of my LPA registration?
Online via the OPG online portal
- Log in to the portal: Visit the OPG online portal and log in using your Singpass credentials.
- Access your application: Navigate to the section for LPA applications. Here, you can view the status of your submitted LPA form.
- Status updates: The portal will display your application status, such as “Processing,” “Under Public Notification,” or “Approved.”
Contact the OPG
If you prefer, you can contact the OPG directly for assistance:
- Phone: Call the OPG hotline at 1800-111-2222 (within Singapore).
- Email: Send an enquiry to [email protected] with your application details, such as your full name and LPA reference number.
Can I change my LPA after it is registered?
Yes, you can change your Lasting Power of Attorney (LPA) even after registration.
To do so, you must first revoke the existing LPA by submitting a written revocation form to the Office of the Public Guardian (OPG).
Once revoked, you can create a new LPA reflecting the changes you want to make, following the standard process of certification and registration.
You may also consider changing your preferences if your Donee(s) are no longer suitable or if your preferences change.
A new LPA will supersede the previous one once it is registered.
Frequently asked questions
Can I appoint more than one Donee?
Yes, you can appoint more than 1 Donee when creating your Lasting Power of Attorney (LPA).
Appointing multiple Donees can be beneficial, as it allows you to assign different responsibilities or have them make decisions together.
You can also specify how they should act – jointly (making decisions together) or jointly and severally (allowing them to act independently).
What happens if a Donee misuses their authority?
If a Donee misuses their authority under a Lasting Power of Attorney (LPA), safeguards are in place to address the situation.
The Office of the Public Guardian (OPG) in Singapore oversees the actions of Donees and can investigate any allegations of misconduct or abuse.
If a Donee is found to have acted improperly, the OPG can suspend or revoke their authority.
In severe cases, the matter may be referred to the courts, and legal action could be taken against the Donee.
These measures ensure that your interests are protected at all times.
Can I appoint a family member as my Donee?
Yes, you can appoint a family member as your Donee under a Lasting Power of Attorney (LPA).
Many people choose close family members, such as a spouse, sibling, or adult child, because they are trusted individuals familiar with your values and preferences.
However, it’s essential to ensure that the family member meets the eligibility criteria – they must be at least 21 years old, mentally capable, and not bankrupt if managing property and financial matters.
What situations can automatically revoke a Lasting Power of Attorney (LPA)?
Certain situations can automatically revoke a Lasting Power of Attorney (LPA) in Singapore.
These include the death of either the Donor or the Donee(s), as the LPA is no longer valid if any of these parties pass away.
Additionally, if a Donee becomes bankrupt and manages property or financial affairs, their acting authority is revoked.
If a Donee loses mental capacity, their role as a Donee is also terminated since they must be mentally capable of carrying out the responsibilities assigned to them.
Furthermore, in the case of a divorce where the Donee is the Donor’s spouse, the LPA is automatically revoked unless it explicitly states otherwise.
These automatic revocations help ensure the LPA remains legally valid and protects the interests of the parties involved.
Conclusion
Planning for the future isn’t just about having a safety net – it’s about ensuring your wishes are respected, your loved ones are supported, and your affairs are handled the way you want.
In this post, we’ve covered everything you need to know about Lasting Power of Attorney (LPA) in Singapore, from what it is, why it’s important, the types available, and how to create, register, and even amend one.
An LPA gives you peace of mind knowing that you’ve prepared for the unexpected, and it spares your loved ones unnecessary stress during difficult times.
Whether choosing the right Donee or understanding the steps to register your LPA, the process ensures your future is secure, and your values are upheld.
If you’re still unsure or overwhelmed by the details, don’t worry – you’re not alone.
Our financial advisor partners are here to help, offering personalised, no-obligation guidance to clarify your concerns and walk you through the process.
It’s completely free, so why not chat with one of our trusted financial advisor partners who can make this all a little easier?
After all, planning for your future is one of the best investments you can make.
References
- https://mylegacy.life.gov.sg/end-of-life-planning/make-a-lasting-power-of-attorney
- https://www.msf.gov.sg/what-we-do/opg/lasting-power-of-attorney/what-is-a-lasting-power-of-attorney
- https://www.healthhub.sg/live-healthy/lasting_power_attorney_lpa
- https://www.msf.gov.sg/what-we-do/opg/lasting-power-of-attorney/how-to-make-a-lasting-power-of-attorney
- https://www.moneysense.gov.sg/legacy-planning/lpa/
