Donor and all Donee(s) must read the following Prescribed Information before signing the LPA (extracted from LPA Form 1 (2014).
Purpose of the lasting power of attorney
1. A lasting power of attorney is a legal document that gives authority to the person you appoint (called your “donee”) to make decisions and act for you when you lack mental capacity. You may authorise your donee(s) to make decisions about your
- personal welfare (which may include health care) and/or
- property and affairs (including financial matters).
2. This is the lasting power of attorney (LPA) Form 1. It gives your donee very wide powers. Your donee may act as fully as you can, subject to basic restrictions set out in the lasting power of attorney and the Mental Capacity Act (Cap. 177A) (“the Act”). If you do not want to give such wide powers and want to give restricted or specific powers instead, you should use LPA Form 2 (which has to be drafted by a lawyer).
This document must be registered
3. This document must be registered the Office of the Public Guardian (OPG). The application to register must be made in the prescribed form within 6
months from the date you (the person giving the power) sign this document.
When your donee can act for you
4. Your donee can use the lasting power of attorney only after it has been registered and only where you lack mental capacity or your donee reasonably believes you lack such capacity.
What your donee can and cannot do
5. Your donee’s authority is governed by the terms of this document and the provisions of the Act.
6. Your donee must follow the principles of the Act, which include the principle that your donee must act in your best interests.
7. Your donee cannot make certain decisions as provided in the Act, such as make a will on your behalf.
8. Guidance about the Act is found in the Mental Capacity Act Code of Practice, which is available from the OPG or at www.publicguardian.gov.sg. Your donee must have regard to the Code of Practice.
Revoking (terminating) the lasting power of attorney
9. You can revoke your lasting power of attorney at any time as long as you have mental capacity to do so. You must inform your donee in writing so
he/she will know you have terminated his/her authority. You must also inform the Public Guardian in writing for the registration of the lasting power of
attorney to be cancelled.