Lasting Power of Attorney

What is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney (LPA) is a legal document governed by the Mental Capacity Act 2008 that allows a person (the Donor) to appoint one or more trusted individuals (the Donee(s)) to make decisions on his/her behalf in the event that the Donor loses mental capacity. The LPA only takes effect when the Donor loses mental capacity and is automatically terminated upon the Donor’s death, at which point a Will (if any) governs the estate.

What powers can a Donee exercise?
An LPA may confer powers over two broad areas:

1. Personal welfare — decisions about daily care, living arrangements, medical treatment, and healthcare.
2. Property and affairs — managing bank accounts, paying bills, collecting income, dealing with investments, and handling property transactions.

The Donor may grant powers over one or both areas, and may impose conditions or restrictions on how the Donee exercises those powers.

What are the two forms of LPA?
There are two forms of LPA available in Singapore:

1. LPA Form 1 — A standard form covering a prescribed set of powers. Suitable for most individuals and can be completed without engaging a lawyer.
2. LPA Form 2 — A customised form conferring tailored powers beyond the standard Form 1 provisions. Form 2 must be drafted by a qualified lawyer and is appropriate where the Donor has more complex personal or financial circumstances.

What are the applicable fees? (As of May 2026)
The Office of the Public Guardian (OPG) fees are as follows:

1. Singapore Citizens — Form 1 is free (from 1 April 2026); Form 2 is S$30 (from 1 May 2026).
2. Permanent Residents — S$30 for both Form 1 and Form 2 (reduced from S$90, effective 1 May 2026).
3. Foreigners — S$160 for both Form 1 and Form 2 (reduced from S$230, effective 1 May 2026).

Certificate Issuer fees are separate and paid directly to the certifying professional, starting from S$24 for a doctor. No refund is given once the application is submitted to the OPG.

Who needs to make an LPA?
Mental incapacity can occur at any time to people of all ages, whether through accidents, strokes, or sudden illness. As such, everyone should make an LPA to protect not only his/her own interests but also the interests of his/her family members should unforeseen circumstances arise. With Form 1 now free for Singapore Citizens, there has never been a more accessible time to put this protection in place.

What happens if you do not have an LPA?
If you lose mental capacity without an LPA in place, your family will need to apply to the Family Justice Courts to be appointed as your Deputy under the Mental Capacity Act. This process is court-supervised, time-consuming, and costly, and leaves you no say in who is appointed to manage your affairs.

Why should you make an LPA?
There are many advantages to making an LPA, including but not limited to:

1. The Donor’s bank account will not be frozen in the event that he/she loses mental capacity, as the Donee will be authorised to manage the Donor’s financial matters on his/her behalf.
2. The Donor is able to appoint a person he/she trusts to manage his/her affairs, preventing a stranger or someone he/she does not trust from being given such authority.
3. If the Donor’s family is financially dependent on him/her, their interests and well-being will continue to be provided for.
4. The Donor’s health and personal welfare will be taken care of by someone he/she trusts, who will be empowered to make decisions regarding the Donor’s personal and medical care.
5. The Donor’s family will not need to undertake the costly and time-consuming process of applying to the court to appoint a Deputy to manage the Donor’s affairs.

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(This article is for your general information only and is not to be considered as formal legal advice to you. You may contact us at (+65) 8062 4651 should you require specific legal advice.)
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