In Singapore, an LPA allows a person to appoint one or more trusted persons, aged 21 or older, known as Donees, to make decisions on their behalf if they lose mental capacity. Depending on the powers granted, these can cover personal welfare as well as property and affairs matters.<\/p>\n
But what an LPA covers is not always well understood. Shaun Lee, a lawyer at Nusa Chambers and co-vice chair of the Law Society Law Awareness Committee, says a common misconception is that it serves the same purpose as a will.<\/p>\n
\u201cA will deals with what happens after death and how the deceased\u2019s estate is divided, while an LPA comes into effect during the Donor\u2019s lifetime if they lose mental capacity,\u201d he explains, pointing out that a Donee cannot make a will on the Donor\u2019s behalf.<\/p>\n
Another misconception is that an LPA takes effect as soon as it is certified. Lee explains that the Donor remains in control of their own affairs, and the Donees can step in only if the Donor is medically assessed to have lost mental capacity.<\/p>\n
If a person loses mental capacity without having made their LPA, their family members will have to apply to the court for permission to make decisions on their loved one\u2019s behalf. This process, known as deputyship, can be lengthy and costly.<\/p>\n
\u201cThis can add stress, including financial stress at an already difficult time,\u201d says Lee.<\/p>\n
\u00a0What you should know about making an LPA<\/p>\n
Is an LPA still necessary if you already have a will or don\u2019t have many assets? And when can someone you\u2019ve appointed start making decisions for you? Lawyer Shaun Lee addresses four common questions about how LPAs work and why they matter.<\/p>\n
Q: I\u2019ve already made a will. Why do I need an LPA?\u00a0<\/p>\n
A: A will takes effect after death, while an LPA allows someone you trust to make decisions for you if you lose mental capacity during your lifetime.<\/p>\n
Q: I don\u2019t have many assets. Is an LPA necessary?\u00a0<\/p>\n
A: An LPA covers more than financial matters. It can also cover personal welfare decisions, including living arrangements and care.<\/p>\n
Q: Will I lose control of my affairs once I make an LPA?\u00a0<\/p>\n
A: No. An LPA takes effect only when the Donor loses mental capacity. Certification of the application does not mean the Donee can immediately start making decisions.<\/p>\n
Q: What if I don\u2019t have a suitable family member or friend to appoint?\u00a0<\/p>\n
A: A Donor can consider appointing a licensed professional Donee for property and affairs matters, subject to the relevant requirements.<\/p>\n
According to the Ministry of Social and Family Development (MSF), the court process can take up to one and a half years and cost $9,000 or more.<\/p>\n
But an LPA is more than an administrative or legal process. It provides clarity on who can make decisions about matters such as care arrangements and finances if a person loses mental capacity, easing uncertainty and stress for those involved.<\/p>\n
Rahim\u2019s decision to make an LPA was also influenced by his mother\u2019s example. Before she died in 2018 at the age of 80, she had encouraged him and his siblings to take the first steps towards helping her with legacy planning.<\/p>\n
\u201cShe wanted things to be easier for all of us,\u201d he says. He hopes to do the same for his daughters. \u201cFor me, as daily life goes on, I need to plan.\u201d<\/p>\n
He admits that before he found out more about making an LPA, it was an \u201calien\u201d idea.<\/p>\n
But his younger daughter, a healthcare professional, helped him understand why an LPA mattered. She had encountered complicated situations at work involving patients who did not have an LPA, and shared those experiences with him.<\/p>\n
Talking about these helped Rahim better understand the importance of having an LPA and prompted further discussions with his family.<\/p>\n
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<\/p>\n
Rahim got his LPA done to be prepared for the future and make things easier for his wife and daughters.<\/p>\n
PHOTO: COURTESY OF RAHIM MOHAMED RAUS<\/p>\n
Such discussions are particularly important when deciding whom to appoint as Donees and how they should make decisions. Lee says these conversations should cover whether a Donee will act alone or how joint Donees can work together.<\/p>\n
He eventually made his LPA in March this year, appointing both daughters as joint Donees who must act together and agree unanimously on every decision.<\/p>\n
Beyond deciding how Donees should make decisions, it is important to consider whether they are suited to the role. Lee says they should be reliable, trustworthy and have good judgment.<\/p>\n
\u201cA Donee should understand the Donor\u2019s core values and wishes, and they should be able to cope with the very practical responsibilities such as dealing with banks, hospitals, care providers and government agencies,\u201d Lee explains.<\/p>\n
Planning ahead for peace of mind<\/p>\n
For Rahim, the entire process of making his LPA was fuss-free involving just three steps.<\/p>\n
The first was to complete an application. Most Donors like him use the standardised LPA Form 1, where the application is free of charge for Singapore citizens. The form explains what an LPA is, how it works and the responsibilities of the Donors and Donees. It takes about 10 minutes to complete.<\/p>\n
For Donors who require more customised arrangements, the LPA Form 2 must be drafted by a Singapore-qualified lawyer.<\/p>\n
Once the forms are completed, Donees and the Replacement Donee (if any) are notified. After they have accepted the appointment, the Donor visits a Certificate Issuer who is an accredited medical practitioner, a practising lawyer or a psychiatrist.<\/p>\n
Rahim spoke with his niece, a financial advisor, who helped him to set up an appointment with a general practitioner at a private clinic.<\/p>\n
Lee points out that an LPA is not just about managing money or property.<\/p>\n
\u201cAn LPA is incredibly useful even if a person has few assets or even has a will made because an LPA deals with very different things.<\/p>\n
\u201cIt does not just cover a person\u2019s assets but also personal welfare decisions including living and care arrangements, and medical decisions,\u201d he explains. \u201cAn LPA is also fundamentally different from a will in that a will deals with what happens after death and how the deceased\u2019s estate is divided.\u201d<\/p>\n
With his LPA in order, Rahim feels assured that he has made the right decision for his future by making things easier for his children in advance.<\/p>\n
\u201cI have always liked to be well-prepared so my LPA can come in when I can no longer make decisions for myself. I would urge those around my age to start looking into LPAs and make the decision.\u201d<\/p>\n
How to get started on your LPA<\/p>\n
Talk to your family
Discuss who you would trust to make decisions for you if you lose mental capacity.<\/p>\n
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