Why Expats Should do a Lasting Power of Attorney (LPA) in Singapore?

A Lasting Power of Attorney (LPA) is a legal document which allows a person (the ‘Donor’), to voluntarily appoint one or more person(s) (the ‘Donee(s)’) to act on the Donor’s behalf and make decisions if they become mentally incapacitated. Notably, an LPA also gives the Donee the authority to sign deeds on behalf of the Donor. In Singapore, LPAs are governed by the Mental Capacity Act and the Office of the Public Guardian (OPG) oversees the registration. For expatriates living in Singapore, registering an LPA is a crucial but often overlooked step in personal planning. This article touches on the benefits of an LPA and how it can be registered.

Benefits of an LPA

There are many benefits to registering an LPA, particularly as an expat living in Singapore.

1. Freedom of Choice – an LPA allows the Donor to make a personal and considered choice of a trusted proxy decision maker who is reliable and will act in their best interests should the Donor lose mental capacity.

1. Protection during Medical Emergencies and/or Loss of Mental Capacity – If an expat becomes mentally incapacitated (due to illness, accident, or age), under Singapore laws, no one, including spouse or family member, has the automatic right to make decisions on the Donor’s behalf. Without an LPA, loved ones have to apply for a Deputyship order. A Deputyship order is a family court order that appoints a person to make legal, financial, and/or personal welfare decisions for someone who lacks mental capacity. This is a lengthy, complex, and costly process compared to an LPA.

1. Local Legal Recognition – Even if you have a power of attorney or equivalent document in your home country, Singapore does not automatically recognise such documents. Creating a local LPA ensures the Donor’s wishes are legally enforceable under Singapore law. This means banks, hospitals, and government agencies will accept your appointed donee’s authority.

1. Managing Singapore-Based Assets and Affairs – Expats often have local bank accounts, property leases, or investments in Singapore. An LPA ensures the Donee can manage these assets on the Donor’s behalf without legal roadblocks or delays should the Donor become mentally incapacitated.

Registering an LPA

Making an LPA in Singapore is a relatively straightforward and inexpensive process. It primarily involves three steps:

1. Deciding which LPA Form to Choose and Filling it Up

There are two types of LPA Forms in Singapore: LPA Form 1 and LPA Form 2. LPA Form 1 is for Donors who wish to grant general powers to their Donee(s) with basic restrictions. LPA Form 2 is for Donors who wish to grant specific and customised powers to their Donee(s). Notably, LPA Form 2 must be drafted by a Singapore-qualified lawyer.

2. Certification and Witness by an LPA Certificate Issuer

Generally any one of the following professionals in Singapore can be the certificate issuer for an LPA:

- a medical practitioner accredited by the Public Guardian;
- a practising lawyer qualified to practice Singapore law in a Singapore law firm; or
- a registered psychiatrist.

3. Submission to the OPG

Lastly, the LPA application must be submitted to the OPG for registration.

Conclusion

Therefore, having an LPA in place ensures continuity, control, and legal clarity over personal and financial matters, protecting both you and your loved ones from unnecessary complications during difficult times.

Expats who need assistance with the registering a LPA can reach out to Legal Expat Singapore for professional guidance.

Disclaimer: This article provides general information and does not constitute legal advice. Please seek professional advice for your specific situation.

Do reach out to us at Legal Expat if you require professional advice. We have a team of qualified lawyers that can assist you. Email us at: info@legalexpat.sg or drop us a WhatsApp at: +65 8093 4393 if you require assistance.