The Purpose of the LPA
Setting up a Lasting Power of Attorney (LPA) is one of the best moves you can make in terms of forward planning, besides making a Will.
An LPA lets you legally appoint someone you trust — a spouse, adult child, relative, good friend, or even professional donees — to manage your properties and affairs in the unfortunate event that you suffer a loss of mental capacity.
For personal welfare matters, the donee will be responsible for how and where the person is to live and how he or she would be taken care of. Property and financial matters include what your assets can be used for. An LPA can grant the donee(s) powers over only one or both aspects. A donee can execute your wishes or decide for instance, to sell your home to pay for your long-term care in a nursing home.
Why You Should Make an LPA?
This can preempt severe inconveniences, such as unnecessary legal expenses and family feuds over who should decide for you. By having an LPA, you would save your family members the hassle of applying for Deputyship, which will give you the legal right to act on your behalf should you lose mental capacity. The Deputyship application process is much more complicated and involved, with the Court ultimately deciding on the application approval. A Deputyship application may also be contested by family members, and such complications can escalate costs.
Submitting a LPA
LPA Form 1 for General Powers with Basic Restrictions
Under the Lasting Power Attorney (LPA) Form 1, You can appoint up to 2 donees that you entrust with wide ranging decision-making powers in the aspects of your personal welfare and/or your property and financial matters.
Setting up an LPA requires you to fill out a form on OPG Online (OPGO) with your Singpass. You must get this certified, which Yuen Law can do for you. We also offer guidance and advice if you require it before you complete the LPA form. Your donees must agree to their appointment on OPGO. Upon all donee(s) accepting their appointment, you can visit our office to sign your LPA.
From 14 November 2022, the Office of the Public Guardian will only accept hardcopy forms in exceptional situations for example, the donor or donee is unable to use OPGO due to physical disabilities or other circumstances, the OPGO is unavailable, the donor does not have an electronic device to receive SMS to create and access Singpass, or if the donor or donee is not eligible for a Singpass. The hardcopy LPA forms are available for download on the MSF Website.
Registration Fees for LPA Form 1
The registration fees for LPA Form 1 are as follows:
- $70 for Singapore Citizens (The Office of the Public Guardian has waived these fees for Singapore Citizens until 31 March 2026);
- $90 for Permanent Residents;
- $230 for Foreigners.
LPA Form 2 for Customised Powers
LPA Form 2 allows you to appoint more than two donees, more than one replacement donee, or grant your donees specific legal powers over certain decisions, it also allows you to make more specific provisions in relation to multiple properties.
How to Make an LPA Form 2
To submit LPA Form 2, you will need to do so online via OPGO, similar to what you would do for Form 1. However, you must attach an annex that includes clauses relating to your donees or replacement donee.
Our lawyers can assist in drafting the necessary clauses for your Lasting Power Attorney (LPA) Form 2. The process of creating an LPA Form 2 is similar to drafting a will. We will discuss your needs, take your instructions, and draft the necessary clauses for your review.
Registration Fees for LPA Form 2
The registration fees for LPA Form 2 are as follows:
- $185 for Singapore Citizens;
- $230 for Permanent Residents; and
- $275 for foreigners.
LPA VS POA
An LPA is different from a general Power of Attorney, which assigns someone else powers to act or transact for that person, when he or she is not mentally incapacitated.
Yuen Law has extensive experience helping clients in personal and family matters such as Lasting Powers of Attorney and Power of Attorney. Our advice extends beyond just legal aspects of an LPA, and we will service you in a personal and discreet manner. If you’re considering estate planning matters holistically, do also consider drafting a Will if you haven’t already done so.
We invite you to come talk to us. Do contact us to make an appointment.
About Our Estate Planning Lawyers
Our Private Wealth & Family Practice Group is led by veteran family lawyer Lim Fung Peen, acclaimed for over 25 years experience. Lim Fung Peen is ranked by Benchmark Litigation for his work in family and matrimonial matters.
Yuen Law is recognised for excellence in Family Law and Inheritance and Succession Law, as highlighted by Benchmark Litigation, and The Straits Times, naming the firm as one of Singapore’s Best Law Firms from 2021 to 2024.
