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https://www.publicguardian.gov.sg/opgmobile/Pages/Home.aspx

Lasting Power of Attorney (LPA) Fees:

Application Fees & Cancellation Fees

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.

(CLICK HERE TO VIEW)

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).

Click here to download the LPA Form 1
(2014) application pack

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.

Click here to download the LPA Form 2
(2014) application pack

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.

(Click for Step-by-Step Guide: LPA Form 1 (2014)
(Click for Sample of duly completed LPA Form 1 (2014)
(Click for Checklist of required documents )

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

Accredited Medical Practitioners)

b. a practising lawyer;

(Click for Directory of lawyers)

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,

"Psychiatry", in the directory.

(Click Here)

(TO PROCEED, CLICK HERE)

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:

Revoked LPAs(click to view)

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:

Donee of a Lasting Power of Attorney
Court-appointed deputy
People who act in a professional capacity, (e.g. a lawyer, health care professional, accountant, paramedic), and
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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Thursday, December 1, 2016

How To Apply Lasting Power of Attorney in Singapore

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