Thursday, December 1, 2016

How To Apply Lasting Power of Attorney in Singapore

For Mobile/Smartphone user click link below
https://www.publicguardian.gov.sg/opgmobile/Pages/Home.aspx

Lasting Power of Attorney (LPA) Fees:

Application Fees & Cancellation Fees

(click here to view) 

Most Popular Questions

  1. What is the Lasting Power of Attorney?
  2. Does every LPA require a certificate issuer? Who can be a certificate issuer?
  3. After submission and before the 6 week waiting period, will OPG send any acknowledgement letter to applicant/doner/donees?
  4. Can I go to any General Practitioner (GP) to have them act as my Certificate Issuer when I want to make an LPA?
  5. What should I do if my mother is certified dementia and she has no will or LPA?
Find out how you can make a Lasting Power of Attorney (LPA): www.publicguardian.gov.sg


English version: https://youtu.be/Wm6T14xpHf8

Chinese sub-titles version: https://youtu.be/ObsyLEwLdSc

Malay sub-titles version: https://youtu.be/K2SUGxGWnow

Tamil sub-titles version: https://youtu.be/Gev1RRq8ilk


The Office of the Public Guardian (Click Here For Location)

The Office of the Public Guardian (“OPG”) works towards
protecting the dignity and interests of individuals who lack 
mental capacity and are vulnerable as well as encouraging 
proactive planning for an eventuality of losing one’s mental 
capacity.
The OPG is a Division of the Ministry of Social and Family Development (“MSF”). The Office supports the Public Guardian in carrying out his functions.

The Public Guardian

The Public Guardian carries out various functions towards enabling and protecting persons who lack capacity. These functions include:
  • To set up and maintain a register of Lasting Power of Attorney ("LPA") and to set up and maintain a register of court orders that appoint deputies,
  • To supervise deputies,
  • To receive reports from donees and deputies,
  • To investigate any alleged violation of any provision in the Mental Capacity Act, including complaints about the way in which donees and deputies are exercising their powers.

The Lasting Power of Attorney

A Lasting Power of Attorney ("LPA") is a legal document which allows a person who is at least 21 years of age ('donor'), to voluntarily appoint one or more persons ('donee(s)'), to make decisions and act on his behalf as his proxy decision maker if he should lose mental capacity one day. A donee(s) can be appointed to act in two broad areas: personal welfare as well as property & affairs matters.

Review of LPA forms

To encourage more Singaporeans to plan ahead with an LPA to protect their interests, the Office of the Public Guardian reviewed the existing LPA Forms and introduced the revised LPA forms which were effective from 1 September 2014. The revised forms use less legal and technical jargon, making them easier  to understand. Information was streamlined and rarely used provisions removed from the forms. For more information on the revised forms, please click here.



Benefits of an LPA

The LPA allows you to protect your interests by indicating your personal, considered choice of a proxy decision maker - someone you trust to be reliable, competent and capable - to make decisions and act on your behalf should you become vulnerable when you lose the mental capacity to make your own decisions one day.
By having an LPA in place, it also alleviates the stress and difficulties faced by your loved ones if you should lose mental capacity. 
Click to view LPA Process >> Overview of making an LPA

Using a Lasting Power of Attorney

 The chart below presents a generic overview of key
 procedures to use a Lasting Power of Attorney (LPA). 
 The LPA should only be used when the donor loses 
 capacity and has been certified to be incapable of 
 managing his own affairs. Should the donor regain 
 his capacity again, the donee should step aside to allow 
 the donor to manage his own affairs again. 
The LPA remains valid.

fac


 How Can I Make a Lasting Power 

 of Attorney


 STEP 1
 Consider who you wish to appoint 
 as your donee(s) and the powers to
 be given to
your donee(s)

 Choose and complete the appropriate 

 Lasting Power of Attorney (LPA) Form



 LPA Form 1 (2014)


 This is a standard version that individuals use to grant 
 general powers with basic restrictions to their donee(s).


 LPA Form 2 (2014)

 This is for those who have non-standard requirements 
 and wish to grant customised powers to their donee(s). 
 The Annex to Part 3 of the LPA Form 2 has to be drafted 
 by a lawyer.



 STEP 2
 Refer to our available guides on
 preparing your LPA application.

 

 Refer to Guides

 Before you submit your LPA application, you 
 should refer to the following guides to facilitate 
 the completion of your application.  
    

 STEP 3
 See an LPA Certificate Issuer
 to sign as your witness and to certify
 that you know the implications of
 making an LPA.

 Where to Find a Certificate Issuer

 When completing your LPA, the LPA Form will
 have to be witnessed and certified by an LPA
 certificate issuer.
 Any one of the following professionals in
 Singapore can be the certificate issuer for
 your LPA:


 a. a medical practitioner accredited by 
 the Public Guardian;(Click for list of 

 b. a practising lawyer; 

 or

 c. a registered psychiatrist
 Instructions:
 You will now be directed to a search facility 
 maintained by the Singapore Medical Council 
 ("SMC").

 Please click on "More Search Options" and 
 select the Specialty "Psychiatry" to search 
 for the list of SMC-registered psychiatrists.
 Note: Please search by selecting specialty,


 The certificate issuer will sign on the LPA 
 Form as a witness for the person making the
 LPA ('donor'), to certify that he understands 
 the purpose of the LPA and the scope of the 
 authority conferred under it, that there is no 
 fraud or undue pressure used to induce the 
 donor to create an LPA and nothing else that 
 would prevent an LPA from being created.
 Kindly note that a professional fee is payable 
 to the certificate issuer and our Office does 
 not prescribe the quantum of the fees charged 
 by the LPA certificate issuers. 

 Please note that OPG should receive the LPA 
 application within 6 months from the date the 
 certificate issuer signs on the LPA.
         
 STEP 3A
 If making an LPA using
 LPA form 2, 
Visit a lawyer to draft the
 Annex to Part 3 of your LPA

 STEP 4
 Submit the completed LPA
 Form & Application Form

 Complete the LPA Form
 & Application Form 

 Submit application to OPG

 Submit the completed LPA Form

 Who can apply to register an LPA?
 The person who can apply to register an LPA 
(known as the ‘applicant(s)’) can be the:
  • Donor
  • Donee or donees (if the LPA appoints 
  • them to act jointly), or
  • Any of the donees if the LPA appoints 
  • the donees to act jointly and severally. 

Who can submit the LPA application?
The application form and documents can
 be submitted by the:
  • Applicants mentioned above
  • 3rd party as authorised by the applicants
  •  in the application form
Submitter must produce a photocopy of 
his NRIC to verify his identity.


Submitting the completed LPA form
 I.        Documents to submit
  • Completed LPA Form
  • Completed Application Form
  • Clear photocopies of NRIC (front 
  • & back of NRIC) of donor, donee(s) 
  • and replacement donee(s) [if any]
II.        Mail completed LPA documents 
to OPG by post

Where an application fee is payable, 
please do not submit payment together 
with your documents. We will contact you 
to let you know when and how you should 
make payment.

Post to:
Office of the Public Guardian 
20 Lengkok Bahru, #04-02, 
Family@Enabling Village, 
Singapore 159053
​​(You are encouraged to indicate your 
return address at the back of the envelope)
          
STEP 4A

Singapore Permanent Residents (SPR)
and Non-Singaporeans, making an LPA
have to pay an application fee.
(CLICK HERE TO VIEW DETAILS)

(Note : Payment will be advised when OPG
has received and verified the application.)


STEP 5
After  verification by OPG to ensure the
application can be accepted, there will
be a mandatory six (6) weeks waiting
period,
after which your LPA will be
registered  if there are no valid objections
raised.  
APPROVED

 FrequentlyAskedQuestions

 What are the criteria to qualify someone to make an LPA?

 The requirements for making an LPA are:
  • You must be at least 21 years old
  • You must have the mental capacity to make the LPA
  • You must not be an undischarged bankrupt if you wish to 
  • make an LPA for property & affairs matters.
 For the LPA to be valid, it must be registered with the Office of the 
 Public Guardian.


  How about children with intellectual disabilities? Can an LPA 

  be made for them?

  An LPA can only be made by a person with mental capacity.

  Parents of children with intellectual disability may apply to the 
  Court to be appointed deputies if the children are likely to be still 
  lacking in capacity after 21 years of age.

   The parents may also apply to the Court to appoint successor 
   deputies as future decision-makers for their children with 
   intellectual disability in the event the parents are no longer 
   around or are unable to make those decisions.


   What if I lose mental capacity without having made an LPA?

   If you do not make an LPA and subsequently lose your mental 
   capacity to make certain decisions, the Mental Capacity Act 
   allows someone else to apply to the Court to either:
  • make the specific decisions for you, or
  • appoint one or more persons to be your deputy to make 
  • the decision for you.

  Can I revoke (terminate) my LPA after it is registered?

  Yes, you can, at any time when you have the mental capacity,
  revoke (terminate) your LPA.

  What do I have to do?  1.    Sign a revocation form

  2.    Notify every donee of the revocation
  • This is a requirement of the Mental Capacity Regulations (S105/2010).
  • Unless the donee has notice of the revocation, he may 
  • be protected if he acts under the LPA when the donor 
  • loses capacity.

  3.    Notify the Public Guardian of the revocation
  • This is a requirement of the Mental Capacity Regulations (S105/2010)
  • Submit in person to the Office of the Public Guardian -
    (a) the completed revocation form
    (b) the cancellation fee ($25.00) and
    (c) the following items for cancellation -
    > the original LPA; and
    > any office copy.
  4.    You may also wish to give notice of the revocation to any 
           person that you have         previously informed about the LPA 
           (eg. your bank or other financial institution, CPF Board,  etc).
         What will the Public Guardian do?
  • The Public Guardian will cancel the registration of the LPA 
  • if he is satisfied that the donor has taken the necessary 
  • steps to revoke the LPA. The Public Guardian may require 
  • the donor to provide further information or produce such 
  • documents as the Public Guardian considers necessary.
  • The Public Guardian will give notice of the cancellation of 
  • the registration to the donor and each donee.
  • The LPA Reference Number of the revoked LPA will be 
  • uploaded on the List of Revoked(click to view) LPAs on 
  • OPG's website.

 Are there other situations where my LPA or the donee's  powers will be revoked?

   Apart from the revocation (termination) of your LPA, it will be 
   cancelled or the appointment    of the donee will be terminated 
   in the following circumstances:
  • you or your donee dies.
  • your donee lacks mental capacity to act as a donee.
  • your donee formally declines the appointment as a donee  
  • (see Disclaimer by a donee of a Lasting Power of Attorney 
  • (click to view)(OPG Form D1)).
  • there is a divorce between your donee and you, 
  • applicable if your donee is your spouse and you 
  • have not stated otherwise in your LPA.
  • you or your donee becomes a bankrupt or if your 
  • donee is a licensed trust company, the company is 
  • liquidated, wound up, dissolved or under judicial 
  • management (Note: this applies to the property & 
  • affairs donee only). a Court order is made to cancel the 
  • LPA or your donee's powers – this can happen if your 
  • donee has not acted in your best interest. 

   What happens if one of these events occurs that affects my LPA?

    The Public Guardian must be informed of the occurrence of the 
    event. The original LPA  (and any office copies) must be returned 
    to the Office of the Public Guardian.
  • if the LPA is cancelled because of the occurrence of the 
  • event, the Public Guardian will cancel the registration of the 
  • LPA and inform the donor and/or the donee(s) of the 
  • cancellation. If the power of any donee is terminated in 
  • any way but the LPA is not cancelled, the Public Guardian 
  • will add a note on the original LPA (and any office copies). 
  • The LPA reference number will be cancelled and a new 
  • LPA reference number will be given.


 Illustration 1
 You have made an LPA appointing 2 donees, D1 and D2, to act 
 jointly and severally in respect of both personal welfare 
 and property & affairs. D1 becomes a bankrupt.
  • D1's power in respect of property & affairs is 
  • cancelled because of his bankruptcy. However his 
  • power in respect of personal welfare is unchanged 
  • and remains valid.
  • D2's powers for both personal and welfare and 
  • property & affairs continue to be valid.
  • Your LPA has to be returned to the Office of the 
  • Public Guardian.
  • The Public Guardian will add a note on your LPA 
  • that D1's power in respect of property & affairs 
  • has been terminated.
  • The LPA reference number will be cancelled and a 
  • new LPA reference number will be assigned to the LPA. 

 Illustration 2
 You have made an LPA appointing 1 donee, D1, with powers 
 to make decisions in respect of property & affairs only. 
 You have also named R1 to be the replacement donee in the 
 event D1 is unable to act. D1 passed away.
  • Upon D1's death, your LPA will be affected.
  • Your LPA has to be returned to the Office of the Public 
  • Guardian.
  • The Public Guardian will add a note on your LPA that 
  • D1 has died and R1 has replaced him.
  • A new LPA reference number will be issued.
 The list of revoked numbers is available for your reference:


 How many donees can I have?

 You can appoint one or more donees. 

 However, you may not want to appoint too many donees as 
 complications may arise when these donees cannot agree on 
 the decisions to be made. You should choose donees that are 
 willing to work together so that differences in opinions may be 
 resolved amicably, thereby avoiding any deadlock.


 Who can be my donee?
 The donee should be someone trustworthy, reliable and 
 competent to make decisions that you have authorised.

 A personal welfare donee must be an individual who is at least 
 21 years old when the LPA is signed. The donee must be a 
 person; (e.g. “Fiona Fernandez”), and not a job title; 
 (e.g. “my lawyer”).

 A company or business cannot be appointed as a personal 
 welfare donee.

 A property & affairs donee must:
  • Be an individual who is at least 21 years old when the 
  • LPA is signed, or
  • Be a licensed trust company as prescribed by the Mental 
  • Capacity Regulations.
  • Be an individual who is not an undischarged bankrupt

 What types of decisions can my donee make on my behalf?
 The decisions your donee will be able to make will depend on 
 the powers you have provided him with in your LPA.

 Your donee may be authorised to make decisions regarding:
 a. Personal welfare (including health care decisions) and/or
 b. Property & affairs (including finance matters)

 You may choose to give him
 a. general powers for all your personal welfare and/or property 
 & affairs
 b. only specific powers as indicated in your LPA
  • There are two versions of LPA available to cater to the 
  • different needs of individuals:
    • LPA-Form 1 contains mostly checkboxes for
    •  donors to grant general powers to their donees 
    • with the option to select basic conditions or 
    • restrictions to these powers. This form can be 
    • self-completed by the donors.
    • LPA-Form 2 contains mostly free text spaces 
    • where individuals can give specific powers to 
    • their needs. This form is to be drafted by a 
    • lawyer. The LPA will be made by the donor 
    • when he or she has the capacity to do so. 
    • However, the authority granted under the LPA 
    • to a donee will not be effective until the time 
    • the person loses mental capacity.
 The LPA will be made by the donor when he or she has the 
 capacity to do so. However, the authority granted under the 
 LPA to a donee will not be effective until the time the person 
 loses mental capacity.


 What types of decisions are covered under personal 
 welfare matters?
 In general, a personal welfare donee helps to make decisions 
 on behalf of the donor, relating to matters such as where the 
 donor should stay and his daily activities.

 The types of decisions and actions a personal welfare donee 
 may be authorised to make include:
  • where the donor should live, 
  • who the donor should live with, 
  • day to day care decisions (e.g. what to wear and eat), 
  • what social activities to take part in, 
  • handling the donor’s personal correspondence, and 
  • whom the donor may have contact with.
 The list above contains some examples of the types of decisions 
 and actions a personal welfare donee may make but it is not a 
 complete list. 

 The personal welfare donee’s appointment is cancelled if the: 
  • donor or donee dies, 
  • marriage between the donor and donee is dissolved or 
  • annulled unless the LPA itself specifically provides that 
  • it will not, 
  • donee formally refuses the appointment, or 
  • donee lacks mental capacity.
   However, the LPA is not cancelled and remains valid if there is a replacement 
   donee appointed under it or there is one or more 
   surviving donee(s) appointed to act jointly and 
   severally on any matter.

  The power conferred by the LPA will be cancelled if the LPA appoints 
  more than one donee to act jointly and the power to one of those 
  donees is cancelled.


   What types of decisions are covered under property & affairs matters?

  In general, a property & affairs donee helps to make decisions 
  on behalf of the donor relating to his financial matters such as 
  managing his bank account and property.

  The types of decisions a property & affairs donee may be authorised 
  to make include: 
  • dealing with property – buying, selling, renting and mortgaging 
  • property, opening, closing and operating bank accounts, 
  • receiving dividends, income, or other financial entitlements on 
  • behalf of the donor, 
  • handling tax matters, 
  • paying the rent, mortgage repayments and household 
  • expenses, 
  • investing the donor’s savings, and 
  • purchasing a vehicle or other equipment the donor needs
 The list above contains some examples of the types of decisions and 
 actions a property & affairs donee may make but it is not a 
 complete list. 

 The property & affairs donee’s appointment is cancelled if the: 
  • donor or donee dies 
  • donor or becomes a bankrupt, 
  • donee is a trust company whose licence has lapsed or been 
  • revoked or is liquidated, wound-up, dissolved or under judicial 
  • management, 
  • marriage between the donor and donee is dissolved or 
  • annulled unless the LPA itself specifically provides that it 
  • will not, 
  • donee formally refuses the appointment, 
  • donee lacks mental capacity.
  However, the power conferred by the LPA is not cancelled and 
  remains valid if there is a replacement donee appointed under 
  the LPA or there is one or more surviving donees appointed to 
  act jointly and severally on any matter.

  The power conferred by the LPA will be cancelled if the LPA 
  appoints more than one donee to act jointly and the power 
  to one of those donees is cancelled.

  Can a donee appointed to make decisions in my personal welfare 
  matters also make decisions in property & affairs matters 
  and vice versa?
  If your donee has been appointed only to make decisions about 
  personal welfare, he cannot make decisions about your finances 
  unless he is authorised to make decisions about your property & 
  affairs as well.

 If your donee has been appointed only to make decisions about 
 property & affairs, he  cannot make decisions about your 
 welfare unless he is authorised to make decisions about  your 
 personal welfare as well.

  Can someone decline to be my donee?

 Yes. A donee must be informed of your intention to appoint 
 him and he must give his consent. A donee can decline the 
 appointment.


 If I have more than one donee, how should they decide on 

 matters on my behalf?

 If you appoint more than one donee to make decisions about 
 the same matters, you can appoint them to act in any of the 
 following ways:
  • Jointly: The donees have to act together and cannot 
  • act separately
  • Jointly and severally: The donees can take the decisions 
  • together or separately. Both types of decisions are valid.
 If you appoint more than one donee and do not specify how 
 they are to act, the law assumes they are to act jointly.

 When does the donee step in to make decisions on behalf 

 of the donor?

 The donee should not step in to make decisions even after 
 the LPA is registered, as long as the donor still possesses 
 mental capacity.

 The donee will step in to act and make decisions on behalf of 
 the donor only when the donor loses his mental capacity.

 What are the restrictions on the power of the donee?

 Your donee may only make decisions on your behalf if you, the 
 donor, lacks capacity, or if your donee reasonably believes that 
 the donor lacks capacity to make those decisions.

 You may restrict the scope or exclude the types of decisions that 
 a donee may make; (e.g. the donor appointing a donee for property 
 &  affairs matters may state in the LPA that the donee cannot 
 make  any decisions on investments).

 If you choose not to restrict the decisions your donee may make, a 
 general LPA, whether for personal welfare and/or property & 
 affairs, gives him the authority to make wide-ranging decisions on 
 your behalf.

 There is a list of excluded decisions which donees cannot make 
 on your behalf.

  Please refer to the Code of Practice (click to view)for more details.

  What Is A Court-Appointed Deputy

 What is a Deputy

 A deputy is appointed by the court to make certain decisions 
 on behalf of a person who  lacks mental capacity when the 
 person has not made a Lasting Power of Attorney (LPA)  and 
 has no donee to decide on his behalf in respect of those 
 decisions. A deputy can be an  individual or a licensed trust 
 company under the Trust Companies Act (Cap.336), as  
 prescribed by the Mental Capacity Regulations.

 Parents of children with intellectual disability may also 
 apply to court to appoint themselves  as deputies for their 
 children and another person as a successor deputy to 
 plan for the  event the parents themselves lose capacity 
 or pass away. 

 The Code of Practice

 The Code of Practice serves to elaborate on the Mental 
 Capacity Act, particularly in its practical application. It 
 helps you to:
  • understand your roles and responsibilities under 
  • the Act.
  • understand the steps you can take to prepare for 
  • a time in the future should you lack capacity.
  • understand the principles to be applied when 
  • caring for persons lacking mental capacity.
 The Code of Practice is a guide of best practices for everyone 
 who interacts with a person  lacking mental capacity. 
 This includes those who are under a  formal duty to offer 
 care, such  as professionals and paid caregivers as well 
 as informal  caregivers, family and friends of  the person 
 who lack capacity.

 The following individuals must consider the Code when 
 acting for a person lacking mental  capacity:
  1. Donee of a Lasting Power of Attorney
  2. Court-appointed deputy
  3. People who act in a professional capacity, (e.g. a lawyer, health care professional, accountant, paramedic), and 
  4. People who act for remuneration, (e.g. a paid caregiver, therapist)
 The guidance in the Code of Practice should be followed.

Event: LPA Workshop 1 (English)
Date: 14/01/2017
Time: 10:00am - 11:30am (Registration starts at 9.30am)
Cost: 0
Venue:
Enabling Village
UOB Ability Hub
Hall 2
20 Lengkok Bahru
Singapore 159053
Click here ​for map and directions.

The easiest way to reach is by MRT to Redhill Station, 
which is just 5 minutes’ walk. Pedestrian entrances are 
along Lengkok Bahru and Redhill Road. If you’re driving, 
the entrance is along Redhill Road. Car parking is 
available at the Enabling Village.Until 31 March 2017, 
visitors can enjoy complimentary one-hour parking. 
(1st entry per day only)

Synopsis:
A Lasting Power of Attorney (LPA) empowers an 
individual to make considered choices about his 
personal welfare and finances in the event he loses
 mental capacity. Learn its benefits and how you can 
make an LPA at this free workshop.

Vacancies: 125
Vacancies Left: 105  
CLICK HERE TO BOOK


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