Singaporeans are living longer today, but more are also developing dementia. This condition affects 1 in 10 Singaporeans over the age of 60 and is characterized by deterioration of mental and cognitive functions.

The loss of mental capacities poses a serious challenge to our physical and emotional well-being, and creates stress for our family members. Obtaining a Lasting Power of Attorney (LPA) is one way to actively plan for this possibility and gain peace of mind for you and your family.

What is the enduring power of attorney?

An LPA is a legal document that allows an individual to designate one or more donees to look after their affairs if and when they lose their mental capacity.

You must be 21 years of age or older and have the mental capacity to do your LPA.

What is a donee?

The person who signs the LPA is generally called, in law, the donor, and the person who would exercise the power of attorney is called the donee.

Your donees can be appointed to act in two main areas: personal well-being and property and business.

What can your donees have the right to do?

Designated donees of a donor have the right to make decisions about:

Personal well-being

This includes questions about where the donor should live and with whom, day-to-day care decisions, social activities to participate in, personal correspondence, health issues as well as who the donor is with. may be in contact.

Property and business

This includes asset and account management, tax matters, investments, rent payments, mortgages, and household expenses.

Designated donees of a donor cannot make decisions about:

• Adopt or renounce a religion
• Consent to marriage
• Make or revoke an advanced medical directive
• Vote in an election
• Any other question prescribed by the Minister of Social and Family Development

When do your donee’s powers begin and end?

The powers of your designated donee begin when:

The donor loses his mental capacities

Loss of mental capacity is determined through certification by a licensed physician. Financial institutions will, in practice, require certification

The powers of your designated donee end in the following situations:

• Donor / donee bankruptcy (for property and business matters only)
• Death of the donor / donee
• Divorce between donor and donee, unless otherwise specified
• The donee does not have the mental capacity to act as the donee
• The donee refuses the appointment
• When a court order is made

Why should I get an LPA?

If you lose your mental capacity and don’t have an APL, your family members don’t automatically have the right to make legal decisions on your behalf – it could hinder their ability to care for you.

Your family may then be faced with problems making childcare arrangements for you, managing bank accounts and properties on your behalf, and even using your funds to meet your daily needs.

Before they are allowed to make decisions on your behalf, they will need to apply to the Court to be appointed as your alternate. This application process is much longer and more expensive than the LPA application process.

How to make a lasting power of attorney?

Step 1

Consider who you want to name as the donee (s) and the powers that will be given to them. Donees can be individuals, trust companies or professional donees.

2nd step

Complete the appropriate LPA form (Form A or B) and the application form

Step 3

Consult with a certificate issuer to sign as a witness and certify that you are aware of the implications of an LPA.

Step 4

Apply to register your completed LPA form with the Office of the Public Guardian (OPG). The registration fee is waived for citizens of Singapore until March 31, 2021

Step 5

Your LPA will be recorded if there are no valid objections raised after 6 weeks

Everyone is different and your loved one has unique care needs. Hiring a caregiver for your loved one not only encourages interaction; it also helps build strong emotional support.

To give your loved one the best care they deserve, we offer a free care consultation to make sure they get a care professional who best meets their needs.

How much does it cost?

APL fees may vary depending on the complexity of each case.

According to the Department of Social and Family Affairs, the 10 most visited licensed physicians charge fees ranging from $ 25 to $ 80, with most charging $ 50 for the fee for issuing the LPA certificate.

Where to get an LPA?

Three groups of professionals can act as issuers of enduring power of attorney (LPA) certificates:

1. Doctors accredited by the Office of the Public Guardian (OPG).
2. Practicing Lawyers (a Singaporean lawyer qualified to practice Singaporean law in a Singaporean law firm).
3. Licensed psychiatrists.

Most people apply for APLs using doctors and lawyers. The Ministry of Social and Family Affairs has a directory of LPA certificate issuers as well as a list of the 10 most visited certificate issuers here.

What should I consider when planning an LPA?

Who to appoint the donee (s), as well as the successor (s)

You need to choose your donees wisely – they need to be someone you trust to make the best decisions for you, with your best interests coming first. Beyond family members, you can also choose to name a registered trust company or professional donees such as lawyers, accountants, as well as health and social service workers.

What decision-making powers to grant to your donee (s)

They can make decisions on your behalf about personal well-being, property and business, or both.

In case you have more than one donee, you need to determine whether your donees will act jointly (must act together) or jointly on some issues and separately (separately) on others.

APLs are a step in protecting your loved ones in the future. Go here to learn more about dementia and the types of care available for a loved one with dementia in Singapore.

This article first appeared in Tribute.