Why you should apply for a Lasting Power of Attorney?
Unless you already have a Power of Attorney, your loved ones will need to apply for an order under the Mental Capacity Act through the Family Court of Singapore to become “deputy”, which can be a long and costly process.
A Lasting Power of Attorney (“LPA”) is a legal document that allows you (the “donor”) to voluntarily appoint one or more persons (the “donee(s)”) to act and make decisions on your behalf should you lose mental capacity in the future. Such decisions include those related to (1) Personal Welfare and (2) Property and Affairs.
Your donees have to act responsibly and in your best interests. This means taking into account the views you had when you were still mentally competent as well as your wishes and feelings even when you have lost mental capacity. Further details on what constitutes “best interests” can be found in section 6 of Singapore’s Mental Capacity Act, Chapter 177A (“MCA”).
Our team of solicitors at GJC Law, are able to advise you on Lasting Powers of Attorney and draw up the appropriate legal documentation.
Comparing an LPA and Deputyship
If you have an LPA, upon losing mental capacity, your donee will automatically step forward to make decisions on your behalf without having to go through any formalities. This is unless his or her authority is challenged. As such, the LPA simplifies the tedious process of your loved ones having to make court applications for the appointment of deputies should you lose your mental capacity.
Two types of LPA forms
Form 1 contains mostly checkboxes for you to grant general powers to your donees with the option to select basic conditions or restrictions to these powers. This form can be self-completed.
Form 2 provides more flexibility in providing for your specific wishes as it contains mostly free text spaces where you may grant specific powers according to your needs. Form 2 has to be drafted by a lawyer.
“There’s no age barrier to considering making a Lasting Power of Attorney. If someone is diagnosed with a condition likely to cause loss of capacity to make decisions, they should think about who they want to make decisions for them when they are no longer able to”