Singapore Estate Planning

Types of Power of Attorney: Choosing the Right One for Your Needs

A Power of Attorney (POA) is a legal tool that allows one person (the donor) to appoint another person (the donee) to act on their behalf in financial, legal, or personal matters. In Singapore, different types of POAs serve distinct purposes. Choosing the right type ensures that your affairs are managed smoothly, whether you are unavailable, incapacitated, or need assistance.

1. General Power of Attorney (GPA)

What It Is

  • A broad and temporary POA that gives the donee authority to act on behalf of the donor in legal and financial matters.
  • Commonly used for property transactions, financial management, and business operations.

Key Features

  • Valid only while the donor is mentally capable.
  • Can be revoked at any time by the donor.
  • Becomes invalid if the donor loses mental capacity (e.g., due to illness or an accident).

Common Uses

  • Buying, selling, or renting out property in Singapore (especially if the owner is overseas).
  • Managing bank accounts, investments, or business operations.
  • Signing contracts or legal documents on behalf of the donor.

Legal Requirements

  • Must be drafted by a lawyer and signed in the presence of a witness.
  • If it involves property transactions, it must be registered with the Singapore Land Authority (SLA).

2. Lasting Power of Attorney (LPA)

What It Is

  • A long-term POA that allows a donee to make decisions for the donor if they lose mental capacity (e.g., due to dementia, stroke, or brain injury).
  • Governed by the Mental Capacity Act (Cap. 177A) and overseen by the Office of the Public Guardian (OPG).

Key Features

  • Only comes into effect when the donor loses mental capacity.
  • Remains valid even if the donor becomes permanently incapacitated.
  • Protects the donor’s interests by requiring an LPA Certificate Issuer (a lawyer, doctor, or psychiatrist) to certify the LPA before submission.

Common Uses

  • Allowing family members to manage financial matters if the donor suffers from dementia or other mental illnesses.
  • Ensuring that a trusted individual makes healthcare or personal welfare decisions when the donor is unable to do so.

Types of LPA

  1. LPA Form 1 – A standard form covering general powers for financial, personal, and healthcare matters.
  2. LPA Form 2 – A customized LPA for specific instructions (requires a lawyer’s drafting).

Legal Requirements

  • The donor must be at least 21 years old and mentally capable at the time of making the LPA.
  • Must be certified by an LPA Certificate Issuer.
  • Must be registered with the Office of the Public Guardian (OPG).

3. Specific Power of Attorney (SPA)

What It Is

  • A limited POA that grants the donee authority for a specific task or transaction.
  • Automatically expires once the task is completed or after a set period.

Key Features

  • Clearly defines the scope of authority given to the donee.
  • Provides greater control over how the POA is used.
  • Becomes invalid if the donor loses mental capacity.

Common Uses

  • Appointing someone to sell a property while the donor is overseas.
  • Allowing a representative to handle a specific legal case.
  • Authorizing someone to collect pension payments or insurance claims.

Legal Requirements

  • Must be clearly drafted to specify the exact authority granted.
  • May need to be notarized if used for legal or financial matters.

Choosing the Right Power of Attorney

Type When to Use Key Limitation
General POA For broad financial and legal matters (e.g., property transactions) Becomes invalid if donor loses mental capacity
Lasting POA (LPA) When planning for potential future mental incapacity Only takes effect if donor loses mental capacity
Specific POA For a one-time transaction or task (e.g., selling a house) Expires after the task is completed

Choosing the right POA depends on your needs. If you only need short-term assistance, a General or Specific POA may be sufficient. However, if you want to prepare for future incapacity, an LPA is essential.

A Power of Attorney is a valuable legal tool that ensures your affairs are managed smoothly when you are unable to do so yourself. Understanding the different types of POAs in Singapore helps you make informed decisions about which one best suits your needs. Whether you need a POA for property transactions, business management, or future healthcare decisions, selecting the right type ensures peace of mind.