A Power of Attorney (POA) allows you (the donor) to appoint someone you trust (the donee) to handle your legal, financial, or personal matters. In Singapore, appointing a POA involves legal formalities to ensure the process is secure and in line with national laws. Whether you are planning for unforeseen circumstances or need assistance with specific tasks, understanding the steps and legal considerations is crucial.
Step 1: Decide on the Type of Power of Attorney
Before appointing a POA, determine which type suits your needs:
- General Power of Attorney (GPA): Grants broad authority over legal and financial matters but becomes invalid if the donor loses mental capacity.
- Lasting Power of Attorney (LPA): Allows the donee to act on your behalf only if you lose mental capacity.
- Specific Power of Attorney (SPA): Provides authority for a particular task or transaction (e.g., selling property).
Each type has different legal requirements and implications, so choosing the right one is essential. To know more in detail about the types, click here
Step 2: Choose a Trusted Donee
Selecting the right person to act as your POA is critical. A donee should be:
- Trustworthy – Someone who will act in your best interests.
- Responsible – Capable of handling financial, legal, or healthcare decisions.
- Legally Eligible – Must be at least 21 years old and of sound mind.
For an LPA, you can appoint more than one donee and specify whether they act jointly (together) or separately in decision-making.
Step 3: Draft the Power of Attorney Document
The POA document must clearly state:
- The donor’s details (full name, NRIC, and address).
- The donee’s details (full name, NRIC, and address).
- The powers granted – Specify the authority given to the donee.
- Effective period – Indicate if the POA is temporary or permanent.
- Any limitations – Restrict powers to specific matters if needed.
For an LPA, use LPA Form 1 (standard powers) or LPA Form 2 (customized powers), both available on the Office of the Public Guardian (OPG) website.
Step 4: Get the POA Certified and Witnessed
For a General or Specific POA:
- Must be signed in the presence of a lawyer or notary public.
- If the POA is for property transactions, it must be registered with the Singapore Land Authority (SLA).
For a Lasting Power of Attorney (LPA):
It must be certified by an LPA Certificate Issuer, who can be:
- A lawyer,
- A registered medical practitioner, or
- A psychiatrist.
The certificate issuer ensures that the donor is making the LPA voluntarily and is mentally capable.
Step 5: Register the POA (If Required)
- GPA & SPA: Registration is not mandatory unless it involves property transactions.
- LPA: Must be registered with the Office of the Public Guardian (OPG).
How to Register an LPA:
- Submit the completed LPA form to the OPG.
- Pay a registration fee (LPA Form 1: $75 for Singaporeans, Form 2: $200+).
- Wait for 3 weeks for approval, provided there are no objections.
Once registered, the LPA takes effect only if the donor loses mental capacity.
Step 6: Inform the Donee and Relevant Parties
After appointing a POA:
- Inform the donee and provide them with a copy of the POA document.
- If the POA is for financial matters, notify banks and financial institutions.
- If the POA involves property transactions, inform the SLA and other relevant authorities.
Legal Considerations When Appointing a POA
1. Mental Capacity Requirement
For an LPA, the Mental Capacity Act (Cap. 177A) mandates that the donor must be mentally capable when appointing a donee. If there is any doubt, a doctor may be required to confirm the donor’s mental state.
2. Safeguards Against Abuse
To prevent misuse of a POA:
- Set clear limitations on the donee’s powers.
- Choose a responsible and ethical donee.
- In an LPA, the OPG can investigate complaints if abuse is suspected.
3. Revoking or Changing a POA
A POA can be revoked at any time if the donor is mentally capable. The revocation must be:
- Signed and witnessed by a lawyer or notary public.
- Notified to all relevant parties (e.g., banks, SLA, OPG).
For an LPA, revocation must be officially submitted to the OPG.
Appointing a Power of Attorney in Singapore is a crucial step in managing your financial and personal affairs. By understanding the legal process and choosing the right type of POA, you can ensure your interests are protected even when you are unable to act on your own behalf. Whether you are planning for temporary absence or future incapacity, following the correct procedures helps prevent legal complications and ensures peace of mind.