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A lasting power of attorney (LPA) in Singapore is a legal document that a person who

  • is above the age of 21 years
  • is not an undischarged bankrupt and
  • has the mental capacity to understand what he/she is doing

can make to voluntarily appoint one or more persons to make decisions and act on his/her behalf should he/she one day lose the ability to make his/her own decisions in accordance with the Mental Capacity Act. The Office of the Public Guardian (OPG) is the government body in charge of LPAs.

The person making the LPA is called the donor.

The person (or persons, as there can be more than one) whom the donor appoints is called the donee (or donees).

The donor may appoint donees to act in two broad categories:

  • personal welfare decisions and/or
  • property and affairs decisions.

Since the early 2010s, the Office of the Public Guardian has simplified the process greatly to encourage more Singaporeans to plan ahead to protect their interests. Both parties just need to fill up an LPA form in the presence of a witness. The form is then brought to the OPG which will submit it on behalf of the signatories.

Benefits of making LPA[edit | edit source]

An LPA allows the person making the document (the donor) to appoint another trusted person of his/her choice (the donee) who can automatically step forward to act on the donor's behalf if a doctor certifies that he/she has lost mental capacity after an accident or illness. The LPA ensures that the donee will have the right to take over the guardianship of the donor's child, property, bank accounts, etc., to continue administration of the necessary.

If a person were to lose his/her mental capacity suddenly, his/her spouse will not be automatically given the right to make decisions on the incapacitated person’s behalf or have access to his money. Without an LPA, the person's spouse needs to apply to court for an order to administer the affairs of the incapacitated individual. This court order is one where the court appoints a person to be the deputy to manage the affairs of the person who has lacks mental capacity. An LPA avoids the hassle of getting such a court order which can be both time-consuming and expensive, to the tune of thousands of dollars and pre-empt potential disputes within the family about who should make their decisions for them. The process could create stress and inconvenience for the healthy spouse who would have to pay for the incapacitated partner’s care and maintenance as well as expenses relating to the court order application.

If an LPA is not drawn up and a person subsequently loses his mental capacity to make certain decisions, someone who might not be the person's choice, for example a relative, could apply to court:

  • to be given the authority to make decisions for the incapacitated person as his/her deputy; or
  • to appoint one or more persons to be the person's deputies to make decisions for the incapacitated person.

When this occurs, there is the possibility that the deputy making decisions on behalf of the incapacitated person is not aware of the person's interests, preferences and beliefs and therefore, may not act in his/her best interests.

The LPA also allows donees to immediately start managing donors' matters (personal welfare and/or property and affairs) instead of having to wait for the entire court selection process of appointing a deputy before any action can be taken. This means much quicker access to the donor's bank accounts and insurance payouts to ensure that they can pay for the donor's medical care and upkeep. This is particularly important if the the donor is the sole breadwinner as it ensures that there is no break in access to funds for his/her unemployed spouse.

If donors do not wish to appoint their spouses as donees, they have the option of appointing professional donees, thanks to changes to the Mental Capacity Act which have enabled this course of action. They may prefer this alternative if they have complex instructions about their care and assets, which may be better understood by professionals or if they want to prevent heated disagreements with their spouse. At present, only those from selected professions such as lawyers, accountants, healthcare and social service professionals who meet certain criteria and pass a certification course can apply to be registered as professional deputies or donees. These professions were chosen by the Office of the Public Guardian because they have the necessary skills and experience to competently handle decisions on behalf of the mentally incapacitated.

Ultimately, making an LPA provides certainty and peace of mind for donors and their spouses. It enables donors to plan ahead and make choices for their future before they loses their mental capacity. Therefore, LPAs are not just for the elderly as younger people may also become incapacitated via an accident or illness. There have been numerous examples of young, healthy people being struck down by severe illness or getting involved in a car accident which reduced them reduced to a vegetative state. When this happens, the young person is no longer be in a position to manage his/her personal or financial affairs. In such cases, any will that the person has prepared will apply because the provisions of a will only operate when the individual has passed on. However, if the person had made an LPA before he lost his mental capacity, his interests would have been protected when he became vulnerable. A healthy person may think there was no need for an LPA and that a will would suffice. But the truth of the matter is that one does not know if or when one may suddenly lose mental capacity. Life is unpredictable, and it pays to be always prepared.

Powers of donee[edit | edit source]

Donee (personal welfare)[edit | edit source]

The types of decisions a donee (Personal Welfare) may be authorised to make for the donor, who lacks capacity in relation to a matter or matters concerning his personal welfare, include:

  • where the donor is to live
  • whom the donor should live with
  • what contact, if any, the donor is to have with any specified person
  • day-to-day care decisions for the donor (for example, what to wear and eat)
  • what social activities the donor is to take part in
  • handling the donor's personal correspondence
  • making an order prohibiting a named person from having contact with the donor
  • healthcare matters related to the donor, but excluding the power to refuse life-staining treatment or treatment to prevent a serious deterioration in the condition of the donor

The donor has to indicate clearly if he/she allows his/her donee(s) the power to refuse consent to start or continue his/her treatments, including clinical trials, which involve the testing of new health substances such as medication or medical devicels.

Donee (property and affairs)[edit | edit source]

He/he is to make decisions for the donor in relation to matters concerning the donor's property and affairs. This power includes:

  • the control and management of the donor's property, including buying, selling, renting and mortgaging property
  • paying the rent, mortgage repayments and household expenses
  • opening, closing and operating bank accounts
  • receiving dividends, income, inheritance benefits or other financial entitlements on the donor's behalf
  • investing the donor's savings
  • handling the donor's tax matters
  • purchasing a vehicle or other equipment the donor needs
  • the carrying on, on the donor's behalf, of any profession, trade or business
  • the taking of a decision which will have the effect of dissolving a partnership of which the donor is a member
  • the carrying out of any contract entered into by the donor
  • the maintenance, education, benefit and advancement of the donor's spouse, the donor's parent, a child of the donor below 21 years of age or an intellectually disabled child of the donor
  • the exercise of any power (including a power to consent) vested in the donor whether beneficially or as trustee under a trust
  • the conduct of legal proceedings in the donor's name or on the donor's behalf

The donor has to indicate clearly if he requires his donee(s) to seek the court’s approval to sell, transfer, mortgage, or otherwise deal with and affect his interest in his residential property. If Yes, also to state the address of the property.

The donor also has to indicate clearly if he/she allows his/her donee(s) to sell his non-residential property and make gifts on his/her behalf. If Yes, then the donor must state either:

  • that he/she does not wish to specify the value of the gift(s) that can be made. However, the remaining cash must be sufficient to cater for his/her financial support, or
  • the total value of gift(s) shall not exceed certain sum ($) within one calendar year.

Excluded powers of donee[edit | edit source]

The Mental Capacity Act does not allow certain decisions to be made on behalf of a person lacking mental capacity. These decisions are:

  • consenting to marriage
  • consenting to touching of a sexual nature
  • consenting to a decree of divorce on the basis of three years’ separation
  • consenting to a making of an adoption order under the Adoption of Children Act
  • adopting or renouncing a religion
  • receiving treatment for change of gender

Procedure for making LPA[edit | edit source]

Donors should:

  • consider whom they want to appoint as their donee(s) (to make decisions for them) and what kind of powers they wish to give to their donee(s).
  • speak with their donees to ensure that the latter are willing and able to act as their donee in the event that they lose mental capacity.
  • decide on whether they are doing a Form 1 LPA or a Form 2 LPA. Form 1 LPAs are general LPAs which fit most people in Singapore while Form 2 LPAs allow a large degree of customisation. Generally, Form 2 LPAs are required if donors have

(1) complicated assets that require their specific instructions to manage;

(2) very specific instructions as to how their assets are to be used in the event that they should lose capacity; or

(3) complicated family relationships that they need to manage carefully. It is to be noted that Form 2 LPAs tend to be significantly more expensive compared to Form 1 LPAs. If donors are unsure, they should consult a lawyer before making a decision. In such cases,

  • donors are advised to book an appointment to consult their lawyer who will prepare and go through the appropriate documents with them. The lawyer will take the time to explain the choices they get to make regarding the powers they wish to grant to the donee(s) as well as more detailed scenarios of when the LPA is relevant and ensure that all their supporting documents are in order.
  • The lawyer will arrange to meet with their donee(s) to explain to them the duties and responsibilities that they have as donee(s) and to witness their attestation on the donor's LPA.
  • The lawyer will send in the donor's duly executed LPA (together with the necessary supporting documents) to the Office of the Public Guardian for registration on their behalf.

The $75 application fee for registration using Form 1 LPAs has been waived by the OPG until 31 August 2020. This means that registration for all Form 1 LPA applications made before 31 August 2020 are free of charge. The only fee for Form 1 is the fee charged for an LPA certificate assessment which costs around $50.

The application fee for an LPA registration using Form 2 remains and costs $200. The LPA certificate assessment fee would also apply to LPA registrations made using Form 2.

At present, the LPA application can only be made in hard copy, which requires manual processing and affects efficiency. However, the OPG is undertaking a study to develop a system that allows individuals to submit LPA applications online to reduce processing time from the current average waiting time of 60 working days.

LPA certificate issuer[edit | edit source]

When completing an LPA, the signing of the LPA form will have to be witnessed and certified by an LPA certificate issuer. The witness can be any individual above the age of 21 years who is not a donee or replacement donee appointed in the first or subsequent new LPA respectively. Any one of the following professionals in Singapore can serve as the certificate issuer for an LPA, as well as concomitantly being the witness:

  • a medical practitioner accredited by the Public Guardian
  • a practising lawyer (a Singapore solicitor qualified to practice Singapore law in a Singapore law practice)
  • a registered psychiatrist

Donors may select an LPA certificate issuer from a:

The LPA certificate issuer signs on the LPA form as a witness for the donor to certify that the donor has the mental capacity to make an LPA, that is, he understands the purpose of the LPA and the scope of authority granted to donees. The LPA certificate issuer also ensures that there is no fraud or undue influence used to induce the donor to make the LPA.

In order to prevent a conflict of interest, a person is disqualified from issuing an LPA certificate if that person is:

  • a family member of the donor
  • a donee of the LPA
  • a donee of any other LPA which has been executed by the donor (whether or not it has been revoked)
  • a family member of a donee within sub-paragraphs (b) and (c)
  • a director or an employee of a person other than an individual acting as a donee within sub-paragraphs (b) and (c)
  • a business partner or an employee of i) the donor or ii) a donee within sub-paragraphs (b) and (c)
  • an owner, a director, a manager or an employee of any care facility where the donor lives or is cared for when the instrument is executed
  • a family member of a person within sub-paragraph (g)

Note: "donee" includes a "replacement donee".

The fees charged depends on the complexity of the case. The OPG does not prescribe the fees charged. Members of the public are advised to check with the individual LPA certificate issuer on his professional charges.

Not-for-profit organisations who offer LPA certificate issuing services:

Interested applicants are advised to call their preferred not-for-profit organisation to make an appointment.

Copies of LPA[edit | edit source]

From 1 August 2019, all new LPA applicants will receive a soft copy LPA from the Office of the Public Guardian through the OPG’s e-services portal?, using SingPass. No hard copy registered LPA will be provided. If required by the donors or donees, a hard copy certified true copy (CTC) can be requested for a fee of SGD$25. The mandatory waiting period will also be reduced from 6 to 3 weeks. Transactions can be made with both soft copy and hard copy LPAs.

Soft copy LPA[edit | edit source]

Donors and donees of LPAs that are received by the OPG from 1 August 2019 onwards will be able to access a soft copy of their registered LPA in PDF format. They will not receive the original hard copy registered LPA from the OPG after it has been registered. Access to the soft copy LPA will be through the OPG’s e-services portal[1]. The soft copy LPA may be viewed or shared with third party organizations (e.g. banks, CPF Board, HDB, hospitals, etc.) and their representatives. The OPG’s e-services portal is accessible through the following link via SingPass.

Besides the direct link (link and QR code shown below), the e-services portal is also accessible from the landing page of the OPGwebsite, under popular links > e-services.

https://eservice-msf.msf.gov.sg

Replacement donees will only be able to access the registered soft copy LPA when they become donees. This is through the occurrence of an event and in accordance with the LPA. Such events may be, for example, the death of the donee.

The date applicable is the date that the LPA was received to be in order by the OPG.

Viewing and sharing registered soft copy LPA[edit | edit source]

The OPG’s e-services portal offers two distinct functions:

  • viewing the soft copy LPA; and
  • sharing the soft copy LPA

Donors and donees may view the soft copy LPA on the OPG’s e-service portal. There are no restrictions on their viewing of the soft copy LPA. Donors may share their soft copy LPA with persons whom they trust. Donees may share the soft copy LPA of their donor only after declaring on the e-service portal that the donor has lost mental capacity, and with the organisation that he is activating the LPA with. The organisation will request a medical report stating that the donor has lost mental capacity to be sent to them separately.

Watermarks on soft copy LPA[edit | edit source]

The soft copy LPAs viewed and shared through the e-services portal will have watermarks on all pages. The watermarks ensure that copies for viewing and further copies made from a shared copy are not used for unauthorised purposes.

Samples of watermarks contained within the soft copy LPA

If Donor/Donee shares the soft copy LPA

If Donor/Donee views the soft copy LPA

LPA activation[edit | edit source]

LPA activation is the term used to describe a decision or transaction that is made by the donee on the donor’s behalf, using the authority granted by an LPA when the donor has lost mental capacity. When activating, the LPA must be presented to the third party organisation (e.g. banks, HDB, CPF), together with a medical report which states that the donor has lost mental capacity.

Notice:

This copy of an LPA has been sent to <name> at <email address> at the request of <donor/donee name> on <date, time>.’

Notice: This is a view only copy. This is not a Certified True Copy of an LPA.

Examples of watermark placement in a Soft copy LPA:

Accessing and sharing Soft copy LPA[edit | edit source]

The following describes, step by step, the process involved in viewing and sharing a Soft copy LPA. Please note that there may be slight differences between the screenshots and the actual e-service module with every update because of system changes.

Besides the direct link (link and QR code shown below), the e-services portal is also accessible from the landing page on the OPG website, under popular links > e-services.

https://eservice-msf.msf.gov.sg

a. Starting the process: Log in to the OPG's e-services portal using SingPass and select ‘Soft copy LPA’.

b. Overview of the Soft copy LPA module page: You can view and share Soft copy LPAs in which you are a donor or donee.

c. Viewing the Soft copy LPA: You can select ‘view’ to open the Soft copy LPA in PDF format. Depending on the browser used and the browser settings, the Soft copy LPA may be auto downloaded or opened in a new tab/window.

d. Sharing the Soft copy LPA: As a Donor, you may share the Soft copy LPA with any person you trust. If you are a donee, you may only share your donor’s LPA with others when the donor has lost mental capacity, and the LPA is being activated. Select the ‘share’ button to begin the Soft copy LPA sharing process.

e. Donee’s declaration before sharing the Soft copy LPA: If you are a donee who intends to share a Soft copy LPA for the first time, you must first make a declaration that the act of sharing the Soft copy LPA is to activate the LPA, and that the donor has lost mental capacity.

f. Entering details needed to share the Soft copy LPA: Before being able to share the Soft copy LPA, you must enter the recipient’s email address, company or name of recipient, password, and the purpose for sharing. The donor/donee who wish to share the Soft copy LPA decides on the password. There are no requirements for a valid password. However, please choose one that is difficult to guess. The donor/donee will need to share the password with the recipient in order to open the Soft copy LPA attached in the email. This can be done for example, through a separate email, a phone call, or an SMS, but for security purposes, not in the ‘purpose of sharing’ section.

g. Confirmation: You will be prompted to confirm that the recipient’s email address is correct before sending.

h. The Soft copy LPA has been shared: A share history will display all previous sharing actions by yourself/ the donor or (other) donee(s). The share history is located at the bottom of the ‘Sharing the Soft copy LPA’ section.

i. The Soft copy LPA is received: The following email will be received by the recipient with the Soft copy LPA. The password provided by the donee can then be used to open the attached Soft copy LPA.

"Dear Sir/Madam:

(Sender) has requested OPG to send the attached soft copy LPA of (Donor) to you. When opening the attachment, key in the password that was given to you by (Sender). The password is case sensitive.

Purpose of sharing, as provided by (Sender):

(Purpose of sharing)

This email's intended recipient is (Recipient organisation name).(Recipient name). Please note that the watermark affixed by the OPG in the soft copy LPA pages may cover some text. This will not invalidate the LPA.

If you are not the intended recipient of this document, please delete this email immediately.

Thank you.

The Office of the Public Guardian

Process flow on sharing Soft copy LPA[edit | edit source]

  • If you are a donor
  • If you are a donee

Contact information[edit | edit source]

Office of the Public Guardian[edit | edit source]

SingPass[edit | edit source]

  • Website: www.singpass.gov.sg
  • Helpdesk: 6643 0555
  • Email address: support@singpass.gov.sg

Using LPA[edit | edit source]

The chart below presents a generic overview of key procedures to use an LPA. The LPA should only be used when the donor loses mental 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 for a sample of the doctor's medical report[]. All registered medical practitioners are able to issue medical reports for the purpose of LPA activation/deactivation; not limited to the list of accredited medical practitioners by the Office of the Public Guardian. However, it is best for the donor to be assessed by his/her regular doctor who is familiar with his/her medical history, if he/she has one. The doctor may refer the donor to a specialist if necessary.

Benefits of soft copy over hard copy LPA[edit | edit source]

The soft copy LPA:

  • can be viewed securely and conveniently
  • eliminates the risk of the donor or donees misplacing the LPA
  • is available to all donees when they need to make a decision on behalf of the donor.

There is no limit to the number of times the soft copy LPA may be shared by the donor or donee.

There is no need to pay to access the soft copy LPA.

The OPG is working towards making soft copy LPAs available for use for all registered LPAs, even those made before 1 August 2019.

If the donor/donee does not have a mobile device or computer, or they have difficulties navigating the e-Services portal, they may approach a Citizen Connect Centre (CCC) for assistance. Locations of CCCs:

If donors or donees cannot log in to the e-services portal using SingPass because they are foreigners and not eligible to attain a SingPass, they may apply for a certified true copy of the LPA in person at the OPG’s office. A prescribed fee will apply.

g) How can the OPG ensure that confidential data (i.e. NRICs, residential addresses) in the soft copy LPA is not compromised?

The soft copy LPA is accessible to the donor and donee(s), and only after they successfully log in with their SingPass. When sharing, the recipient of the soft copy LPA may only view it after he keys in the password that the sharer will provide earlier. These measures are to prevent any unauthorized access and distribution of a soft copy LPA.

h) Why are there additional notes in the soft copy LPA that were not there when I made the LPA?

An event (for example the death or bankruptcy of a donee) has occurred resulting in an automatic update of the registered LPA. The additional notes inform about the nature of the event.

FAQs[edit | edit source]

Questions relevant to donors[edit | edit source]

  • I have submitted my LPA application, and OPG received it after 1 August 2019 but I want a physical copy of my form returned to me after registration? Do I need to pay for a physical copy?

You will need to apply for a Certified True Copy of the LPA. This is done through the e-service portal or in person at the OPG’s office. A prescribed fee applies.

  • What if I still have mental capacity, but my donee shares my soft copy LPA without my permission? Will the system alert me that my donees have shared my soft copy LPA?

Donees are only allowed to share the soft copy LPA in the event that the donor loses mental capacity and the sharing is done to facilitate decisions on the donor’s behalf. In order to make a decision for a donor, donees will need to present to the third party organization a medical report stating that the donor has lost mental capacity. A history of who has shared the LPA, when it was shared and the email of the recipient is made available in the e-service portal’s sharing page.

  • Can I restrict my donees from sharing with certain individuals/organizations?

The e-service portal does not restrict donees on who they may share the soft copy LPA with. Donees are only allowed to share the soft copy LPA in the event that the donor loses mental capacity and the sharing is done to facilitate decisions on the donor’s behalf. In order to make a decision for a donor, donees will need to present to the third party organization a medical report stating that you have lost mental capacity.

  • What if my other family members who are not the appointed donees wish to view the donor’s soft copy LPA? Will the OPG allow them access, or must the I share the soft copy LPA with them?

OPG grants donors and donees (including replacement donees who become donees), access to the soft copy LPA. The soft copy LPA may be shared by the donor to anyone he wishes. If the donor has lost mental capacity, donees may share the soft copy LPA with any party if it is done to activate the LPA. The LPA contains confidential information and should be only shared with care.

Questions relevant to donees[edit | edit source]

  • Do I need to present a certified true copy, or printed copy of the LPA when I have a soft copy LPA?

The soft copy LPA that you share via the OPG website is a legitimate document registered by OPG. There is no need to further provide a hardcopy version for verification.

  • Besides the LPA, do I need to present other documents to the third party organization when making a decision on behalf of my donor?

Please consult the third party organization on their documentary requirements, which may include a medical certificate from a registered doctor certifying the donor’s mental capacity condition, and ID documents.

  • Can I show a previously saved soft copy LPA over the counter of the third party organization, instead of sharing it via the e-service portal?

Making a decision on behalf of a donor should be done by sharing the soft copy LPA through the e-service portal. This is to ensure that the third party organization receives the latest version of the LPA as there could be events (e.g. death or bankruptcy of donee) which would affect the application of the LPA. The shared soft copy LPA as a time stamp reflecting the date it was generated from OPG’s database.

  • Do I need to be present at the third party organization’s office if I need to make a decision on behalf of my donor?

The third party organization should decide if the donee is required to meet with its representative if he is sharing a soft copy LPA to make a decision on behalf of a donor. This may be for the submission of other documents such as a medical certificate from a registered doctor certifying the donor’s mental capacity condition, and ID documents.

Technical questions[edit | edit source]

  • How long will it take before the third party organization receives the

soft copy LPA?

It should take about 5 minutes for the soft copy LPA to be received after sending.

  • What should I do if the recipient has not received the soft copy LPA?

Please try sending the soft copy LPA again after 15 minutes. Also, please check if the recipient’s email address is correct. If the problem persists, request for an alternate email of the organization, otherwise contact the OPG at enquiry@publicguardian.gov.sg, or call 1800 226 6222 for assistance.

  • What if the soft copy LPA has been sent to a wrong email address?

You should contact the recipient and request for the soft copy LPA email to be deleted. The donor or donee who requests to send the soft copy LPA should ensure the email address is correctly entered; and if it is to an organization, the email address should include the organization’s email domain.

  • Why can’t I click on the sharing button? It is greyed out.

An event (for example the death or bankruptcy of a donee) has occurred resulting in an automatic update of the LPA reference number and additional notes to the registered LPA. You may log in on the next working day to check on the status of the soft copy LPA.

  • How is my information secured?

Your information is accessible only after you successfully log in with your SingPass. The recipient of your soft copy LPA may only view it after he keys in the password that you have earlier shared with him. These measures are to prevent any unauthorized access and distribution of your soft copy LPA. To safeguard your personal data, all electronic storage and transmission of personal data is secured with appropriate security technologies.

  • Is there downtime for OPG’s e-services?

An advisory on OPG’s website’s scheduled downtime periods may be found in notifications on the OPG’s website.

Questions on SingPass[edit | edit source]

Please contact SingPass for information on the eligibility requirements and process of signing up for SingPass at their helpdesk: telephone number 6643-0555 or via their email address: support@singpass.gov.sg

You may reset your SingPass password online via the SingPass Website, or in person at SingPass Counters. For more information, please visit the SingPass website (www.singpass.gov.sg).

See also[edit | edit source]

References[edit | edit source]

Acknowledgements[edit | edit source]

This article was written by Roy Tan.