
In Singapore, the Lasting Power of Attorney (LPA) is a legal document that empowers individuals to plan for the future, ensuring that their financial, personal welfare, and healthcare decisions are safeguarded. Acquiring LPA certification is a crucial step in this process, offering individuals peace of mind and control over their affairs.
In this comprehensive guide, we will explore the intricacies of obtaining LPA certification in Singapore and address ten frequently asked questions to demystify this important legal process.
Understanding Lasting Power of Attorney (LPA)
The Lasting Power of Attorney (LPA) is a legal document that allows individuals (known as donors) to appoint one or more persons (known as donees) to make decisions on their behalf in the event they become mentally incapacitated. The LPA covers two key areas: Property and Affairs, which includes financial matters, and Personal Welfare, which encompasses healthcare and personal decisions.
Step-by-Step Guide to Obtaining LPA Certification
- Eligibility Check. Begin by determining your eligibility for LPA. To be eligible, you must be at least 21 years old, mentally capable, and not unduly influenced by others.
- Selecting Donees. Choose individuals you trust to act as your donees. These are the persons who will make decisions on your behalf if you become mentally incapacitated. Discuss your intentions with them and obtain their consent.
- Form Submission. Obtain the prescribed LPA form from the Office of the Public Guardian (OPG) website or designated locations. Complete the form, ensuring that all required details are accurately provided.
- Certificate Issuance. Engage a Certificate Issuer, who can be a practicing lawyer or a registered psychiatrist, to issue a Certificate confirming your mental capacity and understanding of the LPA.
- Review and Registration. The OPG will review the LPA application to ensure compliance. Once approved, the LPA will be registered, and you will be issued a Registration Notice.
- Ongoing Monitoring. Periodically review your LPA to ensure it remains relevant. If there are any changes to your circumstances or if you wish to make amendments, you may need to apply for a new LPA or make a partial revocation.
- Revocation Process. If necessary, you can revoke your LPA. This can be done through a formal process, and the OPG should be notified accordingly.
Addressing Frequently Asked Questions (FAQs) About LPA Certification
Who can be appointed as a donee in an LPA?
Donees can be individuals who are at least 21 years old and have the mental capacity to make decisions. They can be family members, friends, or professionals such as lawyers or accountants.
Can I appoint more than one donee?
You can appoint more than one donee. You can specify whether they should make decisions jointly or separately. Having multiple donees provides a system of checks and balances.
Can a foreigner apply for LPA in Singapore?
Foreigners can apply for LPA in Singapore if they meet the eligibility criteria. However, additional considerations may apply, and it’s advisable to seek legal advice.
What decisions can a donee make on my behalf?
The scope of decisions a donee can make depends on the powers granted in the LPA. This can include financial matters, property management, and personal welfare decisions such as healthcare and living arrangements.
Can an LPA be made if the donor is already mentally incapacitated?
The LPA must be made while the donor is mentally capable. Once mental capacity is compromised, the individual is unable to make decisions about the LPA.
Is there an age limit for creating an LPA?
While there is no strict age limit, individuals must be at least 21 years old to create an LPA in Singapore.
Conclusion
Obtaining Lasting Power of Attorney (LPA) certification in Singapore is a crucial step in planning for the future and ensuring that your wishes are respected even if you become mentally incapacitated. This guide provides a comprehensive overview of the steps involved in the LPA certification process, along with answers to common questions. By taking proactive steps to secure your decision-making authority, you contribute to your own peace of mind and the well-being of your loved ones in the long run.