A Lasting Power of Attorney in Singapore is becoming an essential part of future planning, especially as individuals consider how to protect their personal welfare, medical care preferences and financial affairs in the event of mental incapacity.
At Bhavini S Law Practice, many clients express uncertainty about what an LPA truly covers and whether it is necessary if they already have wills, insurance or family support structures. Understanding this document is important because it determines who will manage your life decisions if you no longer have the mental capacity to make them yourself.
In this article, we’ll explain the role of an LPA, its benefits and the process of creating one in Singapore.
Key Takeaways
- A Lasting Power of Attorney in Singapore allows you to appoint trusted individuals to make personal welfare and property decisions on your behalf if you lose mental capacity.
- Without an LPA, family members may need to apply for a deputyship, which is more complex, costly and time-consuming.
- There are two types of powers in an LPA: Personal Welfare and Property & Affairs, each covering different aspects of decision-making.
- The Mental Capacity Act governs LPAs in Singapore, ensuring that your appointed Donee acts in your best interests and complies with strict requirements.
- Preparing an LPA early ensures clarity, reduces family conflict and provides protection for unexpected medical or cognitive conditions.
Understanding the Lasting Power of Attorney in Singapore
A Lasting Power of Attorney is a legal document under the Mental Capacity Act that allows a person aged 21 or older (Donor) to voluntarily appoint one or more trusted persons (Donees) to make decisions and act on their behalf if they lose mental capacity.
Mental capacity refers to the ability to understand, retain, and evaluate information to make decisions. The loss of capacity can happen gradually, as in the case of dementia, or suddenly due to an accident, stroke or medical emergency.
Unlike a standard Power of Attorney, which generally ceases to have effect once the person who granted it loses mental capacity, an LPA is specifically designed to step in at that point. While you still have capacity, you remain entirely in control of your own affairs and your Donee(s) cannot override your decisions – the LPA simply sits in the background as a safeguard for the future in the event you lose your mental capacity.
Why LPAs Are Becoming More Important in Singapore
Singapore’s ageing population and rising cases of dementia highlight the importance of future planning. According to the Ministry of Health, the number of individuals aged 65 and above continues to increase. Conditions such as stroke, severe mental illnesses, traumatic brain injuries or neurological diseases can also impair decision-making at any stage of life.
Without a Lasting Power of Attorney in Singapore, families face challenges when making urgent decisions regarding medical care, financial access, or property matters. Banks, hospitals and government agencies typically require legal authority before allowing another person to act on behalf of the individual. This is why an LPA serves as a safeguard for clarity, continuity and peace of mind.
Types of Powers You Can Grant Under an LPA
There are two broad categories of decisions that a Donee may be authorised to make.
1. Personal Welfare Powers
These cover decisions related to your day-to-day living, health and overall well-being. Common examples include:
- Health and medical decisions: Deciding about medical treatments, selecting care facilities, approving care plans and communicating with healthcare professionals.
- Living arrangements: Choosing where you live, whether at home, with family support or in a nursing home.
- Daily care matters: Handling services related to hygiene, meals, mobility assistance or social activities.
- Supervision and safety: Ensuring you are protected from harm, neglect or mistreatment.
Personal welfare Donees do not have the power to refuse life-sustaining treatment or treatment needed to prevent a serious deterioration in the Donors condition. Decisions about such treatment remain with the Donors doctors (and, in some cases, the court), who will act in the Donors best interests. Singapore’s Advance Medical Directive (AMD) is a separate document that addresses end-of-life decisions and does not form part of the LPA.
2. Property and Affairs Powers
These involve financial and property-related matters such as:
- Managing bank accounts: Opening, closing and operating your bank accounts, accessing funds for your expenses, and paying bills, loan instalments and household outgoings.
- Property transactions: Buying, selling, renting or mortgaging property, as well as overseeing mortgage and rental payments.
- Insurance and investment matters: Receiving dividends, income, inheritance benefits or other financial entitlements on your behalf, managing investment portfolios, and dealing with insurers and policy matters.
- Tax and administrative tasks: Handling your tax matters, keeping financial records, liaising with government agencies and ensuring compliance with relevant financial obligations.
A person can choose to appoint the same Donee for both personal welfare and property & affairs powers, or appoint different Donees for each category, depending on who is best suited for each role.
Who Can You Appoint as a Donee?
Donees must be at least 21 years old. They can be:
- A family member
- A trusted friend/individual
- A professional Donee (e.g., lawyer, accountant, social service professional)
- An approved organisation (for property & affairs decisions only)
When choosing a Donee, it is important to consider reliability, financial responsibility, emotional stability, and a willingness to act in your best interests. If you appoint someone to manage your property & affairs, you must not be an undischarged bankrupt at the time of making the LPA.
The Mental Capacity Act requires Donees to follow five statutory principles:
- Presume that the person has capacity unless proven otherwise.
- Provide practical support to help the person make their own decisions.
- Understand that making an unwise decision does not mean the person lacks capacity.
- Act at all times in the person’s best interests.
- Choose the option that is least restrictive of the person’s rights and freedom.
The Difference Between LPA Form 1 and Form 2
Singapore provides two prescribed LPA forms to cater to different needs:
LPA Form 1
This is the default form most people use. It gives your Donee(s) wide-ranging powers to make decisions on your behalf. It is suitable if you are comfortable granting general authority over your personal welfare, property & affairs, or both. The form uses a standard set of clauses and can be filled in by the Donor, although you should seek legal advice if you are unsure what it means to give such broad powers or how to complete it.
LPA Form 2
This form is used where you have more specific or customised requirements that cannot be covered by the standard Form 1 wording – for example, if you want to give particular powers, impose tailored limits, or structure more complex arrangements (such as involving businesses or multiple properties). This can only be prepared by a lawyer.
LPA vs Deputyship in Singapore
Criteria | Lasting Power of Attorney | Deputyship |
When established | Before loss of capacity | After loss of capacity |
Who chooses the decision maker | The individual (Donor) | The court |
Cost | Lower | Higher due to specialist medical report and court fees |
Time needed | Short processing period | Several months for court approval |
Control | High control and clarity | Less control and more uncertainty |
Suitability | Ideal for early planning | Used only when no LPA exists |
The comparison shows why preparing a Lasting Power of Attorney in Singapore early prevents delays and ensures your trusted person handles your affairs.
How to Create an LPA in Singapore
The Office of the Public Guardian (OPG) oversees the LPA framework. The steps are straightforward.
Step 1: Choose Your Donee(s)
Select one or more donees who are at least 21 years old, trustworthy and able to act in your best interests. Decide what powers you want to give them – personal welfare, property & affairs, or both – and, if you have more than one donee, whether they are to act jointly or jointly and severally.
Step 2: Complete the LPA Form Online
Log in to OPG Online (OPGO) with Singpass and complete the form online. The draft LPA will be routed to your donee(s) for them to log in and accept their appointments.
Step 3: Get the LPA Certified
After your donee(s) have accepted, you must see an LPA certificate issuer (CI) in person. They can be:
- A practising lawyer
- A registered psychiatrist
- A medical practitioner accredited by OPG
The CI’s role is to confirm that you understand the purpose and scope of the LPA, that you are not under fraud or undue pressure, and that there is no other reason the LPA should not be created. You and the CI then digitally sign the LPA in OPGO.
Step 4: Submit the LPA and Wait for Registration
The CI submits the LPA to OPG via OPGO for registration. OPG reviews the application and, if there are no valid objections during the mandatory 3-week waiting period, registers the LPA.
When a Lasting Power of Attorney Takes Effect
Once registered, your donee(s) can rely on the LPA to act on your behalf if and when you lose mental capacity, subject to a medical practitioner certifying that you lack capacity at that time. This safeguard ensures your autonomy is respected as long as you remain able to make decisions.
Speak to Bhavini S Law Practice About Your Lasting Power of Attorney in Singapore
Preparing a Lasting Power of Attorney in Singapore provides clarity, security and confidence that your personal welfare, medical preferences and financial affairs will be managed according to your wishes if you ever lose mental capacity. An LPA ensures that the person you trust has the legal authority to act on your behalf, reducing uncertainty and preventing unnecessary delays or conflict during critical moments.
If you would like guidance on preparing your LPA or understanding which arrangements best suit your circumstances, our team at Bhavini S Law Practice offers professional support grounded in experience with Singapore’s Mental Capacity Act requirements. We can help you review your options, complete the necessary documents and ensure your future interests are fully protected.
Get in touch with us today to discuss how an LPA can safeguard your wellbeing and assets.
Frequently Asked Questions
Can an LPA be amended after it is registered?
An LPA cannot be amended once registered. If changes are required, you must revoke the existing LPA and submit a new one for registration with the Office of the Public Guardian.
Does my Donee need to live in Singapore?
Your Donee does not need to be a Singapore resident, but they must be contactable and able to perform their duties effectively. Practical considerations such as distance and communication should be taken into account.
What happens if my Donee passes away or is unable to act?
If you only appointed one Donee and they can no longer act, the LPA will lapse. If you have appointed replacement Donees, they will step in according to your outlined instructions.
Is an LPA still needed if I already have a will?
Yes. A will takes effect only after your death, while an LPA protects you while you are still alive but unable to make decisions.
Can I appoint more than one Donee for different roles?
Yes. You may appoint up to two(2) Donees for Personal Welfare and Property & Affairs, either to act jointly, jointly and severally or in separate functions. You can also appoint a Replacement Donee.