What Is a Lasting Power of Attorney and Why It Matters
A Lasting Power of Attorney (LPA) is a legal document that allows a person aged 21 and above to voluntarily appoint one or more individuals to make decisions on their behalf should they lose mental capacity. In Singapore, the LPA is governed by the Mental Capacity Act and administered by the Office of the Public Guardian (OPG).
The importance of an LPA cannot be overstated. Without one, if your elderly parent develops dementia or suffers a stroke that impairs their ability to make decisions, no one, not even their spouse or children, has automatic legal authority to manage their finances, property, or personal welfare. The alternative is applying to the Court for a Deputyship Order, a process that is significantly more expensive, time-consuming, and emotionally taxing.
In Singapore, where the number of people living with dementia is projected to exceed 150,000 by 2030, the LPA is not merely a legal formality. It is a critical piece of family preparedness that every household with ageing members should address proactively.
Understanding the Two Types of LPA
LPA Form 1: The Standard Form
LPA Form 1 is the most commonly used version. It grants general powers to the appointed donee or donees across two broad areas: personal welfare and property and affairs. This form does not allow the donor to add specific restrictions or conditions beyond what is already prescribed by law.
Personal welfare powers cover decisions about where the donor lives, their daily care routine, medical treatment consent, and other matters relating to their personal wellbeing. Property and affairs powers cover financial decisions including managing bank accounts, paying bills, selling or renting property, and handling investments.
The Form 1 LPA is straightforward and suitable for most families. It can be completed with the assistance of a certificate issuer, who verifies that the donor understands the LPA and is not being coerced.
LPA Form 2: The Customised Form
LPA Form 2 allows the donor to add specific conditions, restrictions, or instructions to the powers granted. For example, a donor might specify that their property can only be sold with the agreement of all appointed donees, or that certain assets should be preserved for specific purposes.
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