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Lasting Power of Attorney

expand content image collapse content image Will OPG resume its operations during Phase 1 of the post-circuit breaker period?

The OPG office will remain closed to the public until further notice. However, processing of the following services will resume from 2 June 2020:
  1. LPA applications received by OPG
  2. Any hardcopy forms received by OPG e.g. Application for a search of the register of LPAs / CTC of the LPA, Revocation of LPA, Change in Particulars forms.
  3. Mailing of Certified True Copy (CTC) of the LPA for online applications submitted via OPG’s e-services portal​​
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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 OPG’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 What is 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.

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 from the expiry of the mandatory waiting period.

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.

However, our office was closed to the public during the circuit breaker and we have resumed processing LPAs from 2 June 2020. Please expect some delays in the processing time for LPA applications submitted during the circuit breaker period, and Phase 1 of the post-circuit breaker period.

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 How much do LPA Certificate Issuers charge for their services?

There are three groups of professionals who can act as LPA Certificate Issuers - Accredited GPs, Lawyers* and Psychiatrists. Based on the LPA applications the OPG received from 2010, here is the List of 10 Most Visited Certificate Issuers.

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 certificate issuer on his professional charges.

The 10 most visited medical practitioners accredited by the OPG charge between $25 to $80, with the most commonly charged fee of $60 for the LPA certification assessment for LPA Form 1.

*Note: This refers to a Singapore solicitor qualified to practice Singapore law in a Singapore law practice. ​​​​​​​

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?

​Your LPA application can be submitted via post to the Office of the Public Guardian at the following address:
 
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 make payment for my LPA application?

​Currently, an applicant may pay for
  • an LPA application,
  • an application to cancel an LPA,
  • an application to conduct a search of LPA, and
  • a request for a certified-true-copy of the registered LPA


Payment can be made via e-payment through OPG's e-services portal.​

expand content image collapse content image Can I still print and submit the 2014 application form I have printed and filled in?

If you are using the LPA Form (2014), you must submit the 2014 Application Form as part of your LPA submission to the Office of the Public Guardian.​​​

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.    Sign a revocation form

2.    Notify every donee of the revocation
  • This is a requirement of the Mental Capacity Regulations (S105/2010).
  • Unless the donee has notice of the revocation, he may be protected if he acts under the LPA when the donor loses capacity.
3.    Notify the Public Guardian of the revocation
  • This is a requirement of the Mental Capacity Regulations (S105/2010)
  • If you are submitting a new LPA application, please submit the revocation documents* and the new LPA application to OPG by post or in person. We strongly encourage revocation of the existing LPA upon registration of the new LPA, instead of an immediate revocation, so that protection under the LPA is seamless. The payment of $25 can be made online via OPG’s e-services portal.
  • If you intend to revoke your LPA without submitting a new one, please submit the revocation documents* to OPG by post or in person. You may pay the revocation fee of $25 online via OPG’s e-services portal. This means that there is no protection under any LPA.

  • ​​*Revocation documents include:
    (a) the completed ;revocation form
    (b) Original LPA, and any office copy

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

    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 LPA Reference Number of the revoked LPA will be uploaded on the List of Revoked LPAs on OPG's website.
    ​​​​

    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 happens if one of these events occurs that affects my LPA?

    The Public Guardian must be informed of the occurrence of the event. The original LPA (and any office copies) must be returned to the Office of the Public Guardian.

    • if the LPA is cancelled because of the occurrence of the event, the Public Guardian will cancel the registration of the LPA and inform the donor and/or the donee(s) of the cancellation. 
    • if the power of any donee is terminated in any way but the LPA is not cancelled, the Public Guardian will add a note on the original LPA (and any office copies). The LPA reference number will be cancelled and a new LPA reference number will be given.


    Illustration 1

    You have made an LPA appointing 2 donees, D1 and D2, to act jointly and severally in respect of both personal welfare and property & affairs. D1 becomes a bankrupt.
    • D1's power in respect of property & affairs is cancelled because of his bankruptcy. However his power in respect of personal welfare is unchanged and remains valid.
    • D2's powers for both personal and welfare and property & affairs continue to be valid.
    • Your LPA and the donee cards have to be returned to the Office of the Public Guardian.
    • The Public Guardian will add a note on your LPA that D1's power in respect of property & affairs has been terminated.
    • The LPA reference number will be cancelled and a new LPA reference number will be assigned to the LPA. 


    Illustration 2

    You have made an LPA appointing 1 donee, D1, with powers to make decisions in respect of property & affairs only. You have also named R1 to be the replacement donee in the event D1 is unable to act. D1 passed away.
    • Upon D1's death, your LPA will be affected.
    • Your LPA has to be returned to the Office of the Public Guardian.
    • The Public Guardian will add a note on your LPA that D1 has died and R1 has replaced him.
    • The LPA reference number will be cancelled and a new LPA reference number will be issued.
    The list of revoked numbers is available for your reference: ​​

    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: 03 July 2020
    PUBLISHED ON Mon, Jan 13, 2020