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Lasting Power of Attorney
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 practitioner accredited by the OPG charge between $25 to $80, with the most commonly charged fee of $50 for the LPA certification assessment for LPA Form 1.
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.
How do I use the LPA as a donee?
A donee is able to transact on a donor’s behalf when the donor has been certified by a registered medical practitioner to have lost mental capacity after the donor’s LPA registration. When transacting with any third party agency (e.g. banks, insurance agencies, HDB, CPFB, SLA, etc.), the donee must produce the original registered LPA and other supporting documents as required by the third party agency. Such supporting documents may include the NRIC of the donee(s) and a doctor’s medical report stating that the donor has lost mental capacity to transact. For more information on what additional supporting documents may be required, please contact the third party agency directly for clarification prior to your visit.
Note: When transacting with banks, donees should present a current medical report dated within the last six months on their first visit to the bank. However, for permanent conditions, the last medical report stating the donor’s permanent lack of mental capacity will be sufficient.
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.
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)
- Submit in person to the Office of the Public Guardian -
(a) the completed revocation form
(b) the cancellation fee ($25.00) and
(c) the following items for cancellation -
> the 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.
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.
Must the donee be present when the certificate issuer witnesses and certifies the LPA?
There is no requirement fro 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.
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.
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.
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.
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.
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:
Last Updated: 16 January 2018
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