In the hustle and bustle of daily life, planning for unexpected impediments to your health and wellbeing can often be pushed to the back burner. One way to start taking action is preparing a Lasting Power of Attorney (LPA).
This powerful legal tool can safeguard your interests and ensure your wishes are respected even if you’re unable to make decisions for yourself.
In this article, we’ll explore an LPA, its benefits, the eligibility requirements in Singapore, and more. Let’s dive in and uncover why having an LPA is a smart move for everyone.
What is a Lasting Power of Attorney (LPA)?
Imagine a scenario where you’re no longer capable of managing your affairs due to unforeseen circumstances such as an accident or illness. Who would handle your financial matters, make medical decisions on your behalf, or ensure your welfare aligns with your preferences? These circumstances are where an LPA comes into play.
In Singapore, An LPA or Lasting Power of Attorney is a legal document that allows you (the “donor”) to appoint someone you trust (the “donee”) to act as your representative and make decisions on your behalf when you’re unable to do so. These decisions could encompass financial, personal welfare, and medical matters, depending on your LPA type.
Benefits of Having a Lasting Power of Attorney (LPA)
An LPA gives you and your loved ones peace of mind. Here’s why you should consider getting one and what advantages it offers.
Ensures your wishes are respected
As a donor, an LPA allows you to appoint a donee to manage your affairs if you become unfit. Having a donee ensures that your wishes regarding your finances, healthcare, and personal matters are respected and followed, even if you cannot communicate them yourself.
Avoids legal complications
Without an LPA, your loved ones might face complex legal processes to gain the authority to make decisions for you. An LPA streamlines this process and helps your family avoid unnecessary legal hurdles during challenging times.
Personalised care
With a personal welfare LPA, you can specify your preferences for healthcare, living arrangements, and other personal matters. This type of LPA ensures that your care aligns with your values and choices.
Timely decision-making
An LPA ensures that decisions can be made promptly by your chosen representative, preventing delays that could arise from needing court orders to make decisions on your behalf.
Peace of mind
Knowing that you have a trusted individual to act on your behalf can provide you and your family peace of mind. It reduces worries about uncertainty and ensures that your best interests are protected.
Retains control
An LPA allows you to retain control over who will make decisions for you, ensuring that your chosen representative is someone you trust and feel comfortable with.
Flexibility
You can create a Property and Affairs LPA, a Personal Welfare LPA, or both, based on your specific needs and concerns.
Cost-effective
While costs are associated with creating and registering an LPA, the benefits generally outweigh the expenses. It’s a relatively affordable way to secure your future and protect your interests.
Ability to make changes and revocation
If you have mental capacity, you can always change your LPA or even revoke it if your circumstances or preferences change.
Simplifies complex situations
If you own property, have investments, or have specific healthcare arrangements, an LPA can simplify complex situations by ensuring someone knowledgeable that you trust manages these matters.
Types of Lasting Power of Attorney (LPA) in Singapore
In Singapore, there are two main types of LPAs:
Property and Affairs LPA
This type of LPA allows a donee to manage your financial matters, such as handling your bank accounts, investments, and property transactions.
Personal welfare LPA
Personal welfare LPA enables your Donee to make decisions about healthcare, living arrangements, and other personal matters.
Depending on your needs and concerns, you can create either one or both types of LPAs.
Eligibility and requirements for creating an LPA
In Singapore, anyone aged 21 years and above with mental capacity can create an LPA.
Mental capacity refers to the ability to understand and make rational decisions. It’s important to note that LPAs must be created while you’re still mentally capable; you cannot create one once you’ve lost mental capacity.
Lasting Power of Attorney (LPA) form 1 and LPA form 2
- LPA Form 1: Donors who wish to grant Donee (s) general powers with basic restrictions.
- LPA Form 2: For Donors who wish to grant Donee (s) customised powers. The clauses in the LPA Form 2 have to be drafted by a lawyer.
Most Singaporeans make an LPA using LPA form 1. You can obtain these forms from the Office of the Public Guardian Online (OPGO). It’s part of the second step in creating an LPA, as seen below.
Steps to Creating an LPA
You can create an LPA through the Office of the Public Guardian Online (OPGO) website.
Step 1
- Choose Your Donee(s)
- Select someone you trust to act as your Donee. They could be a family member, friend, or even a professional.
Step 2
- Donor to complete the LPA online via OPGO
- Donor logs in using Singpass to verify personal details.
- Donor fills in Donee (s) details and powers to be granted to Donee (s) in LPA Form 1 or 2.
Step 3
- Donee accepts appointment via OPGO
- Donee logs in with Singpass
- Donee confirms personal details
- Donee accepts appointment as Donee in LPA
Step 4
- Donor visits a Certificate Issuer (CI) to have the LPA certified (see more below)
- CI certifies and witnesses the Donor’s signing of the LPA
Where to find a Certificate Issuer (CI)
Your LPA Form must be witnessed and certified by an LPA CI. A CI is a professional who confirms your understanding of the LPA.
In Singapore, any of these professionals can be your certificate issuer:
A) A medical practitioner accredited by the Office of the Public Guardian (OPG).
B) A practising lawyer.
C) A registered psychiatrist.
We understand the importance of planning for the future at SL Aesthetic Clinic. Our doctors, who are accredited by the OPG, can serve as certificate issuers for your LPA, ensuring your intentions are correctly documented and certified.
Convenience and cost of making an LPA
Creating an LPA is a relatively straightforward process at SL Aesthetic Clinic. The cost of engaging a CI and certification of the LPA is $150, a small price for the peace of mind and protection an LPA provides.
Take control of your wellbeing
An LPA is vital for anyone above 21. It provides a safety net that ensures your interests are safeguarded, your wishes are respected, and your loved ones are spared from any unnecessary legal obstacles.
Take control of your future today by setting up an LPA. Contact us today.
FAQ
What decisions can a donee make under an LPA?
Depending on the type of LPA, a donee can make decisions related to financial matters, healthcare, personal welfare, and more.
Can I appoint more than one Donee in my LPA?
You can appoint multiple donees and specify whether they must make decisions jointly or separately.
When does an LPA come into effect?
An LPA comes into effect when you’re deemed to lack the mental capacity to make decisions on your own.
Can I change or revoke an existing LPA?
Yes, as long as you still have mental capacity, you can change the terms or revoke an LPA.
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