Lasting Power of Attorney FAQ

/Lasting Power of Attorney FAQ
Lasting Power of Attorney FAQ 2017-02-16T16:55:59+00:00
Singapore Lasting Power of Attorney FAQ

Lasting Power of Attorney FAQ

Singapore Lasting Power of Attorney FAQ on issues relating to Singapore Lasting Power of Attorney of Mental Capacity Act, and the procedures for procuring an Singapore LPA, revocation, and post-LPA matters. Lasting Power of Attorney FAQ 

Donee

You can appoint one or more Donees. There is no maximum number of donees that can be appointed.

However, appointing too many donees may complicate decision making as all have to grant their consent. You should choose donees that are willing to work together so that differences in opinions may be resolved amicably, thereby avoiding any deadlock.

There are no restrictions on who can be a health and welfare attorney, except that an attorney must be at least 21 when appointed.

A property and financial affairs attorney who is an individual must also be at least 21 when appointed and, in addition, must not be undischarged bankrupt. The same individual can be appointed to act as the donor’s health and welfare attorney and property and financial affairs attorney.

Usually, he or she is someone you trust and can be relied upon. He or she can be your son, brother, sister, or spouse.

Generally, he must be at least 21 years old when the Lasting Power of Attorney is signed.

Yes, the Donee must be informed and he must give his consent. He is required to complete his particulars in the LPA form.

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Post LPA

The following are documents to submit to Office of Public Guardian:

  1. Completed LPA Form 1 or 2 (as the case may be)
  2. Completed Application Form
  3. Clear photocopies of NRICs (front & back of NRIC) / Paspport(s) of Donor (YOU), Donee(s) and Replacement Donee(s) [if any]

After checking that the above documents are in order, you can post the completed froms to Office of Public Guardian using the Business Reply Service (BRS).

Business Reply Service (BRS)

From 1st September 2014 till 31st August 2016, OPG has collaborated with SingPost to provide free postal service for applications to OPG.

BRS-labelled envelopes will be sent to OPG at no charge to the sender.

  1. You may download the BRS mailing label to print and then affix on your C4-size envelope.
    i. Guide on how to print the BRS label correctly Guide to BRS Mailing Label
    ii. To print the BRS label, click this BRS Label.
  2. Alternatively, OPG has sent BRS envelopes to the following locations:
    a. Alzheimer’s Disease Association (ADA) centres
    b. Social Service Offices (SSOs)
    c. Community Centres/Community Clubs

You are advised to call these specific centres or offices to check on availability of the BRS envelopes before making a trip to collect the envelopes.

Caution Note: the information herein stated may have changed and you should check the latest laws, procedures, policies and other matters with tyour lawyers or Office of Public Guardian.

[Source: Office of Public Guardian]

Application Fees

Effective 1 September 2014, the Application Fees payable to Office of Public Guardian are:

 Singapore Citizens
  • LPA Form 1 Fee: $0 (waived for 2 years)
  • LPA Form 2 Fee: $200
Singapore Permanent Resident
  • LPA Form 1 Fee: $50
  • LPA Form 2 Fee: $200
 Foreigner
  • LPA Form 1 Fee: $200
  • LPA Form 2 Fee: $200

Payment can be made by:

  • Cheque in Singapore dollars made payable to “AG/MSF”
  • NETS, Credit Cards (Visa or Master) at OPG office

Cancellation Fees

Cancellation of Registration of Lasting Power of Attorney: $25

Caution Note: the information herein stated may have changed and you should check the latest laws, procedures, policies and other matters with tyour lawyers or Office of Public Guardian.

Upon receipt of your LPA Application with all the requisite document, Office of Public Guardian Singapore will verify the document to ensure that the application can be accepted. OPG may contact you for rectification or clarify with you certain issues.

After OPG has accepted your LPA Application, there will be a six (6) weeks waiting period after which your LPA will be registered if there are no valid objections raised.

If at the time of your intended revocation of your LPA, you may revoke, cancell or terminate your LPA as follows:

What You Must Do

Sign the Revocation Form

  • download the form from OPG website and complete it and sign

Notify Every Donee

  • This is a requirement of the Mental Capacity Regulations (S105/2010)
  • Unless the Donee has notice of the revocation, he may be protected if he acts under the LPA when the Donor loses capacity

Notify the Public Guardian

  • This is a requirement of the Mental Capacity Regulations (S105/2010)
  • Submit in person to the Office of the Public Guardian
    (a) the completed revocation form
    (b) the cancellation fee ($25.00) and
    (c) the following items for cancellation –
    > the original LPA; and
    > any office copy.

What Public Guardian will Do?

  • The Public Guardian will cancel the registration of the LPA if he is satisfied that the donor has taken the necessary steps to revoke the LPA. The Public Guardian may require the donor to provide further information or produce such documents as the Public Guardian considers necessary.
  • The Public Guardian will give notice of the cancellation of the registration to the donor and each donee.
  • The LPA Reference Number of the revoked LPA will be uploaded on the List of Revoked LPAs on OPG’s website.

[Source: Office of Public Guardian, Singapore]

When the Donor loses mental capacity either temporarily or permanently, you may act on behalf of the Donor in respect of the powers given in the Lasting Power of Attorney in accordance with the statutory prescribed procedures (refer to the Code of Practice), and you should always act in the best interest of the Donor.

Please review the following information / document from Office of Public Guardian (Singapore):

Caution: Please note the above links may have changed at the time of your reading, and you should visit the website of Office of Public Guardian for the updated links and/or information.

There is a mandatory waiting period of six weeks from the date notice is given by OPG of the application to register the LPA. During this period, valid objections may be raised of the application.

Your LPA will be registered after six weeks if the LPA is made in accordance to the Mental Capacity Act and no objection is received by OPG.

Your LPA is an important document your Donee(s) will need to use if you lose mental capacity and they have to make decisions for you.

You should keep the original LPA in a safe place and ensure that your Donee(s) know its whereabout and will have access to it if they need to make decisions for you.

You should inform the people and institutions that your donee(s) will have to deal with if you lose capacity, that you have made an LPA. These include:

  • your doctor and other healthcare providers, and
  • your bank, the Central Provident Fund Board and other institutions with whom you have accounts (such as Central Depository Pte Ltd, insurance
    companies, stockbrokers).

Do note that different parties (eg. banks, insurance company) have diff erent requirements, and you should with them on their requirements that you have to comply with for them to accept authority of your donee(s) to act for you if you lose capacity.

There is a deadline for application for registration of your LPA once you have signed it.

An application for registration must be received by the Public Guardian within 6 months from the date the donor signs the instrument, unless the Public Guardian is satisfied that there is good reason for the delay. [r 10(2) of Mental Capacity Regulations]

Public Guardian’s Notification of Application

Once the Public Guardian has determined that your LPA application is in order, the Public Guardian must notify as follows:

  1. if application is made by the Donor, the notice will be sent to the Donee (or Donees) [para. 6 of 1st Schedule of MCA]
  2. if application is made by the Donee (or Donees), the notice will be sent to the Donor (YOU), and/or other Donee(s) who did not join in the LPA Application [para. 7 of 1st Schedule of MCA]

The forms of notice is prescribed in regulation 12 of the MCR.

Waiting Period Prior to Registration – 6 Weeks

Upon service of notice(s) of the LPA Applications as in (a) and (b) above, the Public Guardian must register the LPA:

  • within 6 weeks from the date of the aforesaid notice(s) [if more than one, all dated on same date];
  • but if such notices (if more than one) were given on more than one date, the period of 6 weeks shall run from the latest of those dates.
  • Source: reg. 11 of the MCR [subject to change/amendment]

If the Donor under a registered Lasting Power of Attorney (LPA) has lost his mental capacity, then as a Donee, you may step in to act on his behalf in accordance with the powers given to you under the LPA.

Please refer to OPG website on this issue.

The Singapore Lasting Power of Attorney can only be used when the Donor loses menal capacity and has been certified to be incapable of managing his own affairs. If the Donor regains his mental capacity again, the Donee should step aside to allow the Donor to manage his own affairs again. The LPA remains valid.

No, by signing the LPA before a ceritificate issuer, it is not yet effective until your register the Lasting Power of Attorney.

You, the applicant, or certain donee(s) may apply to register your LPA. The persons who can apply to register an LPA (known as the “applicant”) are:

  • the Donor (You), or
  • your Donee or Donees (if the LPA appoints to act jointly), or
  • Any of the Donees if the LPA appoints the donees to act jointly and severally

Basically, the Applicant will have to sign the Application form and submit it together with the LPA Form and other requisite documents to OPG.

The Application form and the relevant documents (LPA Form, and NRICs/Passport(s) of Donor and Donee(s) / Replacement Donee(s)) can be submitted by the following persons (either Group A or Group B):

Group A

  • the Donor (You), or
  • your Donee or Donees (if the LPA appoints to act jointly), or
  • Any of the Donees if the LPA appoints the donees to act jointly and severally

Group B

  • 3rd party as authorised by the applicants in the application form

Caution Note: the information herein stated may have changed and you should check the latest laws, procedures, policies and other matters with tyour lawyers or Office of Public Guardian.

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Revocation

Generally, you can revoke your Lasting Power of Attorney any time so long you have the requisite mental capacity.

You will need to following the procedures prescribed, generally:

  1. Sign a Revocation Form as prescribed by Office of Public Guardian
  2. Notify every Donee of the Revocation
  3. Notify the Public Guardian of the revocation
  4. You may also wish to give notice of the revocation to any person that you have previously informed about the LPA (eg. your bank or other financial institution, CPF Board, etc).

Apart from the revocation (termination) of your LPA, it will be cancelled or the appointment of the Donee will be terminated in the following circumstances:

  • you or your Donee dies
  • your Donee lacks mental capacity
  • your Donee formally declines the appointment as a donee (refer to Disclaimer by a Donee of a Lasting Power of Attorney (OPG Form D1))
  • a divorce between your Donee and you, applicable if your Donee is your spouse and you have not stated otherwise in your LPA
  • you or your donee becomes a bankrupt or if your donee is a licensed trust company, the company is liquidated, wound up, dissolved or under judicial management (Note: this applies to the property & affairs donee only)
  • a Court order is made to cancel the LPA or your Donee’s powers, where your Donee has not acted in your best interest.

The Public Guardian must informed of the occurrence of a terminating event, and the original Lasting Power of Authority and any office copies must be retuned to the Office of Public Guardian.

Whole LPA is Cancelled

if the LPA is cancelled because of the occurrence of an terminating event, the Public Guardian will cancel the registration of the LPA and inform the donor and/or the donee(s) of the cancellation.

For example, you have appointed Donee A in your LPA for personal welfare and property & affairs, and Donee A dies or loses his mental capacity, and you have not appointed any replacement donee, then your LPA is affected as Donee A can’t act for you if you lose your mental capacity.

Upon such occurence, you should notify and return the original LPA to OPG and the Public Guardian will cancel the registration of your LPA.

Partial Termination of LPA

If the power of any Donee is terminated in any way but the LPA is not cancelled, the Public Guardian will add a note on the original LPA (and any office copies). The LPA reference number will be cancelled and a new LPA reference number will be given.

For example, you have appointed Donee A in your LPA for personal welfare and property & affairs, and named Replacement Donee B to be the replacement donee. If Donee A dies, then your LPA is affected as Donee A can’t act for you.

In that event, you should notify Public Guardian of the event and return your LPA to the Office of Public Guardian. Public Guardian will add a note on your LPA that Donee A has died and that Replacement Donee B will replaced him. A new LPA reference number will be issued.

List of Revoked Lasting of Public Guardian

Upon revocation or termination of an LPA, OPG will publish a list of the revoked LPA numbers in their website.

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General

If you are appointing more than 1 person to act as your Donee / Attorney they can be appointed jointly or jointly and severally. There are pros and cons in either mode.

If they are appointed jointly, all of them will need to act unanimously at all times, eg. all signing cheques. This may cause administrative difficulties if one of them is away on holiday. If one of them die or become a bankrupt. or mentally incapacitated, your Lasting Power of Attorney may be invalidated.

If you appoint Donees to act jointly and severally, this will mean that any one of them will be able to act on his own and should any of them die or become bankrupt, the remaining Donees’ ower to act continues.

Usually, it is a matter of trust that the Donor places on each Donee to act in his or her best interest. If the Donor is comfortable with any Donee making decisions on his or her behalf, then he or she should select the mode “jointly and severally”.

It is ultimately a matter of choice for the Donor to decide.

If you do not make an LPA and subsequently lose your mental capacity to make certain decisions, the Mental Capacity Act allows someone else to apply to the Court to either:

  • make the specific decisions for you, or
  • appoint one or more persons to be your deputy to make the decision for you.

You may have submitted your LPA application to us, but at times, upon your or the Applicant (Donor, eg. elderly father) attendance at our office, we may be unable to proceed with the engagement due to various reasons.

Some of the reasons are:

  • apparent lack of mental capacity (eg elder persion with apparent dementia – unable to recall details)
  • lack of original Identify document(s) (eg. NRIC)
  • inability to understand translation or contents of LPA
  • apparent inability to understand the terms in the LPA
  • apparent undue influence from third party
  • rudeness to our personnel by Donor and/or Donee(s)

Upon scheduling of an appointment for the Donor, we take pains to prepare the LPA Form1 in accordance with the instructions given, and work has been done by us, and therefore, abortive fee of up to the full value of the quoted fee is payable (subject to discount given at our discretion).

We do hope that if you are applying for your elderly relatives, please ensure that they have the relevant mental capacity, language and not subject to any undue influence.

The following [extracted from LPA Form 1 (2014)] must be complied with and/or read by the Donee(s) and Replacement Donee(s) (as the case may be) before consenting and signing of LPA Form.

DONEE’S STATEMENT

1. I have read the Prescribed Information or it has been read to me.

2. I understand the duties imposed on a donee of a lasting power of attorney under sections 3 (the principles) and 6 (best interests) of the Act.

3. I must have regard to the Mental Capacity Act Code of Practice.

4. I shall inform the Public Guardian if any of the following events, which terminates my appointment or power, occurs:

  1. I disclaim my appointment as donee;
  2. I am made a bankrupt (where I have authority to make property and affairs decisions);
  3. My marriage to the donor is dissolved or annulled (if I am the donor’s spouse).

5. I will replace an original donee that I am appointed to replace if the appointment of the original donee is terminated and I am still eligible to act as a donee (applicable to replacement donee only).

6. By signing, I consent to be appointed as a donee/replacement donee (where applicable).

The requirements for making a Lasting Power of Attorney (LPA) are:

  • You must be at least 21 years old
  • You must have the mental capacity to make the LPA
  • You must not be an undischarged bankrupt if you wish to make an LPA for property and affairs matters.

For the LPA to be valid, it must be registered with the Office of the Public Guardian.

Please visit the Office of the Public Guardian (OPG) for more information on making a Lasting Power of Attorney in Singapore, and the Guides to Singapore LPA. If the links below has changed, please visit OPG’s website for updated links 

  • Step-by-Step Guide:The Lasting Power of Attorney Form 1 (2014)

  • A Guide to: The Lasting Power of Attorney

  • Code of Practice

The main legislation and subsidiary legislation for Singapore Last Power of Attorney are:

  • Mental Capacity Act Chapter 177A
  • Mental Capacity Regulations

The acceptance of a Lasting of Power of Attorney made in Singapore for use in another country always depends on the third party or authority receiving the document. Local requirements are likely to vary even within each country, depending upon the receiving party.

An individual should always consider whether it is sensible to make a power in each country where they hold assets, as this can minimise delay if the authority is needed urgently in the future.

The witness to the LPA Forms (eg. OPG Form 1) needs to be a Certificate Issuer as prescribed by the Mental Capacity Act, name:-

  1. a medical practitioner, or
  2. a practising Singapore Lawyer, or
  3. a psychiatrist

A Will is a written document that states who you want your assets and money (“the estate”) to go to when you passed away. It is effective only upon death.

A Lasting Power of Attorney has a different purpose, and only effective upon losing your mental capacity.

Mental capacity is the ability to make a decision. A person can lack mental capacity if he has an injury, disorder or condition (eg. stroke, coma) that affects the way his mind works. He will have difficulty making decisions all of the time or that it might take him a long time to make a decision.

This could be a decision that affects daily life, for example, what to wear or more significant decisions, for example, whether to undergo a surgical procedure or purchase an investment.

When a person loses his mental capacity (eg. stroke, dementia, coma), he will not be able to decide matters for himself. A Lasting Power of Attorney (“LPA”) is a legal document which allows a person who is 21 years of age or older (the”Donor”‘), to voluntarily appoint one or more persons called donee or donees (or Attorney(s)), to act and make decisions on his behalf if he should lose mental capacity one day.

The LPA allows a person to protect his interests by indicating his personal, considered choice of a decision maker, i.e. someone he trusts to be reliable, competent and capable, to make decisions and act on his behalf should he becomes vulnerable when he loses his mental capacity.

A Lasting Power of Attorney cannot be used until it is registered with the Office of the Public Guardian.

Donee can be appointed to cover two broad areas: personal welfare and/or property & affairs matters.

Personal welfare relates to matters such as where the donor should stay and his daily activities, such as:-

  • where the Donor should live,
  • who the Donor should live with,
  • day to day care decisions (e.g. meals),
  • medical treatment / care
  • what social activities to take part in,
  • handling the Donor’s personal correspondence, and
  • whom the Donor may have contact with.

A Lasting Power of Attorney is only effective when you lose your mental capacity, and it is a creation of the Mental Capacity Act to allow an adult with the requisite mental capacity to chose his Donee or Attorney to make certain decisions upon him losing his mental capacity.

A Power of Attorney only allows your Donee or Attorney to act within the powers given by you thereunder to act on your behalf when you still have your mental capacity. When you lose your mental capacity or die, the powers granted under the Power of Attorney shall be invalid or ineffective.

Usually, it is a matter of trust that the Donor places on each Donee to act in his or her best interest. If the Donor is comfortable with any Donee making decisions on his or her behalf, then he or she should select the mode “jointly and severally”.

It is ultimately a matter of choice for the Donor to decide.

You can cancel your Lasting Power of Attorney after it has been registered if you have the mental capacity to do so.

You must submit your cancellation to the Office of the Public Guardian. You should notify the Donee(s) and anyone else that you may have informed about the LPA that it has been cancelled.

Apart from your cancellation of your LPA, it will be cancelled and the appointment of the Donee will be terminated in the following circumstances:

  • you or your donee dies.
  • your donee lacks mental capacity to act as a donee.
  • your donee declines the appointment as a donee.
  • there is a divorce between your donee and you, applicable if your donee is your spouse and you have not stated otherwise in your LPA.
  • you or your donee becomes a bankrupt or if your donee is a licensed trust company, the company is liquidated, wound up, dissolved or under judicial management (Note: this applies to the property & affairs donee only).
  • a Court order is made to cancel the LPA or your donee’s powers – this can happen if your donee has not acted in your best interest.

In general, Property and Affairs relate to financial matters such as managing the Donor’s bank account and property, such as:-

  • dealing with property – buying, selling, renting and mortgaging property,
  • opening, closing and operating bank accounts,
  • receiving dividends, income, or other financial entitlements on behalf of the Donor,
  • tax matters,
  • paying the rent, mortgage repayments and property outgoings,
  • paying bills.
  • investing the donor’s savings, and
  • purchasing a vehicle or other equipment the Donor needs

A Lasting Power of Attorney is an advance planning document, just like a Will, in which you make it before the happening of an event, i.e. before losing your mental capacity.

It allows you to protect your interests (health, financial matters) by indicating your personal choice of a proxy decision maker (attorney or donee). He is usually someone you trust to be reliable, competent and capable to act and make decisions on your behalf should you lose your mental capacity.

In brief, the benefits are:-

  1. the decisions you want to be made on your behalf if you lose capacity to make them yourself
  2. the people you want to make these decisions
  3. how you want the people to make these decisions

By planning ahead, it also alleviates the difficulties faced by your loved ones to obtain a court order for a guardian (called a “deputy”) (who may not be your choice) to decide on your personal affiars should you lose your mental capacity. Application to court can cost substantial legal costs and expense as well.

A Lasting Power of Attorney (LPA) and Will serve different purposes.

Essentially, LPA will only be effective only upon the Donor losing his or her mental capacity, and will lose its effectiveness upon one’s death.

A Will on the other hand is only effective upon the Testator’s (the one making the Will) death.

LPA and Will are strictly voluntary, and you can do either or both. However, in our humble opinion, it is good to have both LPA and Will.

Donor and all Donee(s) must read the following Prescribed Information before signing the LPA (extracted from LPA Form 1 (2014).

PRESCRIBED INFORMATION

Purpose of the lasting power of attorney

1. A lasting power of attorney is a legal document that gives authority to the person you appoint (called your “donee”) to make decisions and act for you when you lack mental capacity. You may authorise your donee(s) to make decisions about your

  • personal welfare (which may include health care) and/or
  • property and affairs (including financial matters).

2. This is the lasting power of attorney (LPA) Form 1. It gives your donee very wide powers. Your donee may act as fully as you can, subject to basic restrictions set out in the lasting power of attorney and the Mental Capacity Act (Cap. 177A) (“the Act”). If you do not want to give such wide powers and want to give restricted or specific powers instead, you should use LPA Form 2 (which has to be drafted by a lawyer).

This document must be registered

3. This document must be registered the Office of the Public Guardian (OPG). The application to register must be made in the prescribed form within 6
months from the date you (the person giving the power) sign this document.

When your donee can act for you

4. Your donee can use the lasting power of attorney only after it has been registered and only where you lack mental capacity or your donee reasonably believes you lack such capacity.

What your donee can and cannot do

5. Your donee’s authority is governed by the terms of this document and the provisions of the Act.

6. Your donee must follow the principles of the Act, which include the principle that your donee must act in your best interests.

7. Your donee cannot make certain decisions as provided in the Act, such as make a will on your behalf.

8. Guidance about the Act is found in the Mental Capacity Act Code of Practice, which is available from the OPG or at www.publicguardian.gov.sg. Your donee must have regard to the Code of Practice.

Revoking (terminating) the lasting power of attorney

9. You can revoke your lasting power of attorney at any time as long as you have mental capacity to do so. You must inform your donee in writing so
he/she will know you have terminated his/her authority. You must also inform the Public Guardian in writing for the registration of the lasting power of
attorney to be cancelled.

These 2 documents are different, although there appear to be some overlap.

In LPA Form 1, for Personal Welfare powers, there is a question on whether your Donee’s authority shall extend to giving or refusing consent to the carrying out or continuation of treatment, including the conduct of a clinical trial, by a person providing health care for me. These decisions are made by the appointed Donee.

An Advance Medical Directive (AMD) is a legal document you sign in advance to inform your doctor that you do not want the use of any life-sustaining treatment to be used to prolong your life in the event you become terminally ill and unconscious and where death is imminent.

The AMD can be made by any person, aged 21 years and above, and is not mentally disordered. The AMD form is a legal document which must be completed and signed in the presence of two witnesses before it is returned to the Registrar of AMDs. The patient’s doctor must be one of the two witnesses, while the other witness must be at least 21 years old. In addition, both witnesses must not have any vested interests in the patient’s death.

The Donee(s) must understand the duties imposed on a donee of a lasting power of attorney under the Mental Capacity Act. Extracts of the Sections 3 (the principles) and 6 (best interests) of Mental Capacity Act are as follows:

The principles

3.—(1) The following principles apply for the purposes of this Act.
(2) A person must be assumed to have capacity unless it is established that he lacks capacity.
(3) A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success.
(4) A person is not to be treated as unable to make a decision merely because he makes an unwise decision.
(5) An act done, or a decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.
(6) Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

Best interests

6.—(1) In determining for the purposes of this Act what is in a person’s best interests, the person making the determination must not make it merely on the basis of —

(a) the person’s age or appearance; or
(b) a condition of his, or an aspect of his behaviour, which might lead others to make unjustified assumptions about what might be in his best interests.

(2) The person making the determination must consider all the relevant circumstances and, in particular, take the steps specified in subsections (3) to (8).
(3) He must consider —

(a) whether it is likely that the person will at some time have capacity in relation to the matter in question; and
(b) if it appears likely that he will, when that is likely to be.

(4) He must, so far as is reasonably practicable, permit and encourage the person to participate, or to improve his ability to participate, as fully as possible in any act done for him and any decision affecting him.
(5) Where the determination relates to life-sustaining treatment, he must not, in considering whether the treatment is in the best interests of the person concerned, be motivated by a desire to bring about his death.
(6) Where the determination relates to the disposition or settlement of the person’s property, he must be motivated by a desire to ensure, so far as is reasonably practicable, that the person’s property is preserved for application towards the costs of the person’s maintenance during his life.
(7) He must consider, so far as is reasonably ascertainable —

(a) the person’s past and present wishes and feelings (and, in particular, any relevant written statement made by him when he had capacity);
(b) the beliefs and values that would be likely to influence his decision if he had capacity; and
(c) the other factors that he would be likely to consider if he were able to do so.

(8) He must take into account, if it is practicable and appropriate to consult them, the views of —

(a) anyone named by the person as someone to be consulted on the matter in question or on matters of that kind;
(b) anyone engaged in caring for the person or interested in his welfare;
(c) any donee of a lasting power of attorney granted by the person; and
(d) any deputy appointed for the person by the court,
as to what would be in the person’s best interests and, in particular, as to the matters mentioned in subsection (7).

(9) The duties imposed by subsections (1) to (8) also apply in relation to the exercise of any powers which —

(a) are exercisable under a lasting power of attorney; or
(b) are exercisable by a person under this Act where he reasonably believes that another person lacks capacity.

(10) In the case of an act done, or a decision made, by a person other than the court, there is sufficient compliance with this section if (having complied with the requirements of subsections (1) to (8)) he reasonably believes that what he does or decides is in the best interests of the person concerned.

(11) In subsection (2), “relevant circumstances” are those —

(a) of which the person making the determination is aware; and
(b) which it would be reasonable to regard as relevant.

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Loh Eben Ong LLP

Using Loh Eben Ong's Singapore legal services is extremely simple.

Changing your name

Do you know it is easy to change your name? You need a Deed Poll signed in the presence of a Singapore Lawyer. You can get a quote and submit online at LAW.com.sg