Lasting Power of Attorney (LPA) in Singapore

Planning for the future is not always easy, especially when it involves the possibility of losing mental capacity due to illness, accident, or age-related conditions such as dementia. However, putting proper legal arrangements in place early can make a significant difference to both you and your loved ones.

One of the most important legal planning tools available in Singapore is the Lasting Power of Attorney (LPA).

This article explains:

1. What an LPA is
2. How it works, and
3. Why every adult in Singapore should consider making one.

What Is a Lasting Power of Attorney (LPA)?

A Lasting Power of Attorney (LPA) is a legal document that allows you (the Donor) to appoint one or more persons (known as Donees) to make decisions and act on your behalf if you lose mental capacity in the future.

Mental capacity refers to the ability to make decisions for yourself. Loss of capacity can arise from:

• Dementia
• Stroke
• Brain injury
• Serious illness
• Accidents
• Advanced age-related conditions

An LPA only takes effect after mental capacity is lost you remain fully in control of your decisions while you are mentally capable.

In Singapore, LPAs are governed by the Mental Capacity Act and administered by the Office of the Public Guardian (OPG).

What Decisions Can a Donee Make?

Under an LPA, Donees can be authorised to make decisions in two broad areas:

1. Personal Welfare

This includes decisions relating to:

• Healthcare and medical treatment
• Living arrangements
• Care services
• Day-to-day welfare matters

Donees must always act in the Donor’s best interests when making such decisions.

2. Property & Financial Affairs

This covers matters such as:

• Managing bank accounts
• Paying bills and debts
• Collecting income (rent, dividends, etc.)
• Managing investments
• Selling or renting property
• Handling CPF and insurance matters (where permitted)

You may choose to grant authority over one area only, or both.

Types of LPA in Singapore

Singapore currently provides two main LPA options:

LPA Form 1 (Standard Form)

• Most commonly used
• Covers basic, general powers
• Lower certification cost
• Suitable for the majority of individuals

LPA Form 2 (Customised Form)

• Allows customised powers and restrictions
• Used for more complex arrangements
• Requires a lawyer to draft and certify
• Higher cost

When Does an LPA Take Effect?

An LPA does not give Donees immediate power. It only comes into force when:

• The Donor loses mental capacity, and
• This loss is medically certified.

Until then, the Donor continues to make all decisions personally.

Why Is an LPA Important?

Many people assume their spouse or children can automatically make decisions for them if something happens. This is not legally correct in Singapore.

Without an LPA:

• Family members cannot access bank accounts
• Property cannot be sold
• Financial matters cannot be managed
• Medical decisions may face delays

Instead, loved ones must apply to the Court for a Deputyship Order — a process that is:

• Time-consuming
• Costly
• Administratively burdensome
• Emotionally stressful

An LPA avoids this entirely.

Key Benefits of Making an LPA

(1) You Choose Who Decides for You

You appoint trusted persons — spouse, children, siblings, or friends — rather than leaving decisions to the Court.

(2) Faster Decision-Making

Donees can act quickly when needed, especially in medical or financial emergencies.

(3) Lower Cost Than Deputyship

Creating an LPA is significantly cheaper than a court deputyship application later.

(4) Reduces Family Disputes

Clear legal authority helps prevent disagreements among family members.

(5) Protects Your Best Interests

You may include guidance, preferences, or restrictions on how decisions are made.

Who Should Make an LPA?

In short — every adult aged 21 and above should consider making one.

It is especially important if you:

• Own property
• Have savings or investments
• Run a business
• Have dependants
• Are single but support family
• Travel frequently
• Want control over medical decisions

Mental incapacity can happen unexpectedly — not just in old age.

How to Make an LPA in Singapore

The general process is:

1. Complete the LPA Form – technically form 1 can be completed online here:  https://opg-eservice.msf.gov.sg/ whilst form 2 would require you to connect with a qualified lawyer. A lawyer may also assist you with form 1 if you prefer to have an expert handle it for you.
2. Appoint Your Donee(s) – decide who you trust and how they act (jointly / jointly & severally).
3. Certification – the form must be certified by an authorised certificate issuer, such as: lawyers, doctors, accredited medical practitioners. The issuer confirms you understand the document and are not under duress.
4. Submission to OPG – the LPA is lodged with the Office of the Public Guardian for registration.
5. Waiting Period – there is a statutory waiting period for objections before registration is completed.

Can an LPA Be Revoked or Changed?

Yes — as long as you still have mental capacity, you may:

• Revoke the LPA
• Replace Donees
• Amend powers (by making a new LPA)

Once capacity is lost, changes are no longer possible.

Risks of Not Having an LPA

Failing to put an LPA in place can result in:

• Frozen bank accounts
• Inability to sell property
• Delayed medical decisions
• Court intervention
• Higher legal costs
• Emotional strain on family

Deputyship applications can take months, sometimes longer, during which finances and care arrangements may be severely affected.

Common Misconceptions

“I’m too young.”
Accidents and illness can happen at any age.

“My spouse can decide for me.”
Not automatically — legal authority is still required.

“I don’t have many assets.”
Even managing bills and bank accounts requires authority.

Conclusion

A Lasting Power of Attorney is one of the most practical and cost-effective legal documents you can prepare in Singapore.

It ensures that if you ever lose mental capacity:

• Your affairs are handled smoothly
• Your loved ones are empowered to act
• Your wishes are respected
• Costly court processes are avoided

Put simply, an LPA is not just for the elderly, it is an essential part of responsible life planning for every adult. Should you require any legal advice or support in handling either an LPA or writing a will, please don’t hesitate to get in touch with us.