Making a Lasting Power of Attorney: A Step-by-Step Guide

A Lasting Power of Attorney is a legal document that allows an individual to appoint an individual (or people) they trust to make decisions for them if ever they lose the ability to make decisions for themselves. Such cases could be because the individual has become incapacitated due to injury or illness or if an individual is not physically present to make decisions such as when traveling. 

If you’re thinking of making an LPA, you’d be happy to know that the process of making one is quite straightforward. Here is a simple step-by-step guide to help you out. 

Step 1: Appointing of Donees & Distributing Powers

The first step to making an LPA is to decide which people you trust enough to make decisions in your stead in case you become incapacitated or unable to make decisions on your own. Remember that these people will have power over your affairs (either financial or personal welfare or both) so it is important that you choose your donees wisely. 

Furthermore, the donees you appoint must meet the following requirements:

• 21 years old and above
• Someone you trust to make decisions on your behalf, in your best interests

Next, you must decide what powers to give your appointed donees; there are two areas: 

• Personal welfare – the donee you appoint will have power over your healthcare which means he/she can decide which type of healthcare you get including the types of medical treatment. They’ll also have a say on where you get to live, what diet you should have, and what activities you engage in. 
• Property and affairs – powers of these elements grant your donee power over your finances and over your properties. They will have a say on how your property and your finances are handled or managed, how your money is spent. You’ll give them the right to collect your income and pay your bills among other things. 

Once you’ve appointed your donees and assigned them their respective powers, the next thing for you to do is to decide if they are to act:

• Jointly - donees have to act together and this means they cannot act independently or separately. Matters regarding their charge should be discussed and decided by all of the donees together. 
• Jointly & severally - donees have the power to make decisions independently or together as a group. 

All of these matters would have to be detailed either on the LPA Form 1 or LPA Form 2. In Singapore, most people use the LPA Form 1. 

Step 2: Issuing of the Certificate

For this next step, you would have to see a designated person or official that issues LPA certificates. This is important in order to make sure that that the donor is of sound mind and is not making an LPA under pressure or duress.

There are basically three groups of people who are qualified to issue an LPA certificate: the first is an accredited medical practitioner, then a lawyer, and last but not least, a psychiatrist.

Step 3: Submitting the LPA

The last step would be submitting the LPA to the office responsible for verifying and processing such matters. After filling up the LPA form and seeing a certificate issuer, you can now send the documents to the Office of the Public Guardian (OPG) by post. 

Just to be clear, here are all the necessary documents you need to submit in order for your LPA to be processed and verified:

• LPA Form 1 or Form 2;
• Clear photocopies of donor’s and all donees’/replacement donees’ identification document; and/or
• A clear photocopy of Directors’ Resolution of the Licensed Trust Company (only applicable for Form 2 applicants who wish to appoint at least 1 Licensed Trust Company as a donee/ replacement donee)

Once all of these documents are submitted, the OPG will proceed to verify the documents. If no valid objections are raised, they will then accept your complete application for registration after a waiting period of three (3) weeks. 

Make a Lasting Power of Attorney Now

To have your LPA in place, there are just three steps: 1. Fill up the LPA form, 2. Bring it to a qualified person and 3. Send the documents by post.  

Thinking ahead is always important if you want to ensure all your properties and your assets are secured in case something happens to you. A Lasting Power of Attorney will make sure there are people out there who will not only take care of your estate but also yourself in case you ever come to a point where you are unable or no longer able to make decisions for yourself.