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Lasting Power of Attorney

expand content image collapse content image Will OPG office be open after the ease of COVID-19 community measures?

The OPG office is open to the public on appointment basis. You may make an appointment to visit the OPG office from 8.30am - 5.30pm (weekdays, excluding public holidays). To make an appointment with an officer, please call 1800-111-2222 or email us at enquiry@publicguardian.gov.sg.

Our office is located at Family@Enabling Village, 20 Lengkok Bahru #04-02, Singapore 159053.
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expand content image collapse content image In view of the COVID-19 situation, can I (donor / donee / replacement donee) sign my / the Lasting Power of Attorney before a Certificate Issuer (CI)/ witness via video link?

The law requires the CI / witness to be physically present to witness the donor / donee / replacement donee’s signing of the LPA. As such we are unable to allow video or virtual witnessing of the LPA. In view of the current COVID-19 situation, we encourage donors / donees / replacement donees in Singapore to practise safe distancing measures when approaching CIs / witnesses to witness their signing of the LPAs, and comply with the advisory by Ministry of Health.

expand content image collapse content image I wish to find out more about the new LPA Forms (2020).

The LPA forms have been revised with effect from 30 January 2020. For more information, please refer to the FAQs for LPA Form (2020).​​​​​​​

expand content image collapse content image Who can act as the witness for the donee's signature in the LPA forms?

The witnesses for the donee(s)/replacement donee(s) can be any persons other than the donor or donee(s)/replacement donee(s) of the same LPA. The witnesses should be 21 years old and above.​​

expand content image collapse content image What is the Softcopy LPA initiative about?

For LPAs that are received by OPG from 1 August 2019, donors and donees will be able to access a softcopy PDF of their registered LPA through the O​PG’s e-services portal​, using Singpass. The Softcopy LPA may be viewed or shared with third party organisations (e.g. banks, CPFB, HDB, hospitals, etc.) and their representatives.

More information on the Softcopy LPA can be found at this link.​​​​ No hardcopy registered LPA will be provided. If required by the donors or donees, a hardcopy Certified-True-Copy (CTC) can be requested at a fee of $25.​​​

expand content image collapse content image When will I know the status of my LPA Application?

​Within 2 weeks of OPG receiving the application, applicants will receive an acknowledgement letter. If the application is accepted for registration, donor and all donees will receive an acceptance letter within 3 weeks.

Thereafter, there is a 3 week mandatory waiting period before the LPA can be registered. If no objections are raised during this period, the LPA will be registered on the next working day. Within a week from registration, donors and donees will receive a Notice of Registration letter and can view the softcopy registered LPA on the e-services portal via Singpass login. ​


expand content image collapse content image What are the criteria to qualify someone to make an LPA?

The requirements for making an LPA are:
  • You must be at least 21 years old
  • You must have the mental capacity to make the LPA
  • You must not be an undischarged bankrupt if you wish to make an LPA for property & affairs matters.
For the LPA to be valid, it must be registered with the Office of the Public Guardian.​

expand content image collapse content image Who can be a Certificate Issuer?

The following persons may be a CI:

 

(a)         A legally qualified medical practitioner who is registered as specialists in psychiatry under the Medical Registration Act (Cap. 174);

(b)         A legally qualified medical practitioner who is accredited* by the Public Guardian to issue LPA Certificates; and

(c)         An advocate and solicitor of the Supreme Court who has in force a practising certificate# under the Legal Profession Act (Cap. 161).


*Medical practitioners will be required to successfully complete the LPA Certificate Issuer Online Training Module on Singapore Medical Association (SMA)’s website to be accredited by OPG

# This excludes lawyers registered under section 36E Legal Profession Act.

expand content image collapse content image Are there any restrictions on who I can choose to be my Certificate Issuer?

​In order to prevent a conflict of interest, a person is disqualified from giving an LPA Certificate if that person is -

a.   A family member of the donor;
b.   A donee* of that power;
c.   A donee* of any other lasting power of attorney which has been executed by the donor (whether or not it has been revoked);
d.   A family member of a donee* within sub-paragraphs (b) and (c);
e.   A director or an employee of a person other than an individual acting as a donee* within sub-paragraphs (b) and (c);
f.   A business partner or an employee of -
       i.   The donor; or
       ii.   A donee* within sub-paragraphs (b) and (c);
g.   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; or
h.   A family member of a person within sub-paragraph (g).
*"Donee" includes a "replacement donee".​

expand content image collapse content image Must the donee be present when the certificate issuer witnesses and certifies the LPA?

​There is no requirement for the donee to be present when the certificate issuer witnesses and certifies on the LPA. However, some certificate issuers may prefer that the donees are present. Hence, it would be best to check with the certificate issuer beforehand.​

expand content image collapse content image What is a red seal, and why is it needed? Where can I get the seal to be affixed on the LPA?

​The LPA is a deed, which is a legal document. It is currently a legal requirement under common law for a red seal to be affixed on certain deeds, including the LPA. This seal allows the LPA to be relied on by third parties when the Donee acts on behalf of the donor when the latter loses mental capacity.

A round 10 cent coin-sized red sticker is usually used to signify the seal required in the LPA. Such stickers can be purchased at most bookstores.​​

expand content image collapse content image How do I submit my LPA application?

​You can submit your LPA via mail or drop it off at the drop box provided outside the Office of the Public Guardian at Level 4 of Enabling Village.

OPG's address as follows:
 
Office of the Public Guardian
Ministry of Social and Family Development
20 Lengkok Bahru
#04-02, Family@Enabling Village
Singapore 159053

expand content image collapse content image How do I know if my LPA has been received by OPG?

​An acknowledgment letter will be sent to you after OPG receives your LPA. If required, OPG will request for payment for the LPA application fee as well. The application will only be processed after the payment has been received. Please note that there will be no refund for applications that are rejected.
 
Payment can be made via e-payment through OPG's e-services portal.
 
After the payment has been made, OPG will verify your documents and accept your complete application for registration if there are no valid objection raised within the 3 weeks mandatory waiting period. You will receive the acceptance letter and registration letter at each juncture to inform you of your LPA status.​

expand content image collapse content image Can I still collect my registered LPA from the OPG office if I ticked that option in my Application Form? I noticed the new Application Form does not have a self-collection option.

Newly registered LPAs will be accessible in softcopy. Please refer to this link for more information.​​​

expand content image collapse content image Can I revoke (terminate) my LPA after it is registered?

Yes, you can, at any time when you have the mental capacity, revoke (terminate) your LPA. 


What do I have to do?

1. Complete and sign a revocation form

2. Take reasonable steps to notify every donee of the revocation

  • This is a requirement of the Mental Capacity Regulations (S105/2010).
  • If you fail to do so, your donee(s) may continue to make decisions on your behalf in the event you lose mental capacity, without knowing the LPA had been revoked.
  • Your donee(s) must sign the acknowledgment in the revocation form to satisfy the Public Guardian that you have given them notice of the revocation. If you are unable to obtain your donee(s) signatures, you may attach other evidence, such as registered mail receipts to prove that you had notified your donee(s) of your intention to revoke your LPA.

3. Notify the Public Guardian of the revocation

  • This is a requirement of the Mental Capacity Regulations (S105/2010)
  • Submit the following documents to OPG by post* or email:
    (a) the completed and signed revocation form;
    (b) (*by post only) your original hardcopy registered LPA (for LPAs received by OPG for registration before 1 Aug 2019) and copies thereof that you and your donee(s) may have for cancellation and destruction by the Public Guardian;
    (c) (*by post only) your new LPA application, if any. We strongly encourage revocation of the existing LPA only upon registration of the new LPA, instead of an immediate revocation, so that arrangements made under the original LPA remain in place for your benefit until the new LPA is in place;
    (d) a photocopy of your ID.
You can submit to:
Office of the Public Guardian
Email: enquiry@publicguardian.gov.sg (not for submission of original/new LPAs)
Address: 20 Lengkok Bahru
#04-02 Family@Enabling Village
Singapore 159053
 

4.   You may also wish to give notice of the revocation to any person that you have previously informed about the LPA (e.g. your bank or other financial institution, CPF Board etc).

5.   Upon notification via email, pay the revocation fee of $25 online via OPG’s e-services portal.

What will the Public Guardian do?

  • The Public Guardian will cancel the registration of the LPA if he is satisfied that the donor has taken the necessary steps to revoke the LPA. The Public Guardian may require the donor to provide further information or produce such documents as the Public Guardian considers necessary.
  • The Public Guardian will give notice of the cancellation of the registration to the donor and each donee.
  • The Public Guardian will destroy the original hardcopy of the registered LPA and any other copies in the Public Guardian’s possession after the said LPA is revoked.
  • The LPA Reference Number of the revoked LPA will be uploaded on the List of Revoked LPAs.
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expand content image collapse content image Who can be the witness for the revocation form?

The witness can be any individual above the age of 21, who is not a donee or replacement donee appointed in the new LPA (if there is one). A lawyer or medical practitioner can be the witness too.

expand content image collapse content image Are there other situations where my LPA or the donee's powers will be cancelled?

Apart from your revocation (termination) of your LPA, it will be cancelled or the appointment of the donee will be terminated in the following circumstances:

 

  • you or your donee dies.
  • your donee lacks mental capacity to act as a donee.
  • your donee formally declines the appointment as a donee (see Disclaimer by a donee of a Lasting Power of Attorney (OPG Form D1)).
  • there is a divorce between your donee and you, applicable if your donee is your spouse and you have not stated otherwise in your LPA.
  • you or your donee becomes a bankrupt or if your donee is a licensed trust company, the company is liquidated, wound up, dissolved or under judicial management (Note: this applies to the property & affairs donee only).
  • a Court order is made to cancel the LPA or your donee's powers – this can happen if your donee has not acted in your best interest. 

expand content image collapse content image What if I lose mental capacity without having made an LPA?

If you do not make an LPA and subsequently lose your mental capacity to make certain decisions, the Mental Capacity Act allows someone else to apply to the Court to either:

  • make the specific decisions for you, or
  • appoint one or more persons to be your deputy to make the decision for you.

expand content image collapse content image How about children with intellectual disabilities? Can an LPA be made for them?

An LPA can only be made by a person with mental capacity.

Parents of children with intellectual disability may apply to the Court to be appointed deputies if the children are likely to be still lacking in capacity after 21 years of age.

The parents may also apply to the Court to appoint successor deputies as future decision-makers for their children with intellectual disability in the event the parents are no longer around or are unable to make those decisions.​

expand content image collapse content image What if I misplace my LPA?

You may obtain a Certified True Copy (CTC) of your LPA by submitting a request via our e-Services portal. There will be a $25 fee for every CTC request made.​​​​
Last Updated: 04 October 2022
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PUBLISHED ON Wed, Jan 27, 2021