Most people plan for what happens after they die. Far fewer plan for what happens if they lose the ability to make decisions while still alive — through an accident, a stroke, or dementia. A Lasting Power of Attorney (LPA) is the legal tool that covers exactly that gap. Making one is straightforward and inexpensive. Not making one, and then losing capacity, leaves your family with a slow, costly court process instead. This guide explains what an LPA is, how it differs from a will, how to choose the right people, and how to register it.
This is general information, not legal advice. Whether an LPA is right for you, and how it should be structured, depends on your circumstances.
What a Lasting Power of Attorney Is
A Lasting Power of Attorney is a legal document that lets you — while you still have mental capacity — appoint one or more trusted people (your donees) to make decisions on your behalf if you later lose the capacity to make them yourself. It is made under Singapore’s Mental Capacity Act 2008 and administered by the Office of the Public Guardian (OPG).
An LPA covers two areas, and you choose whether to grant powers in one or both:
- Personal welfare — decisions about your care and daily life: where you live, your medical treatment, and your day-to-day welfare.
- Property and affairs — decisions about your money and assets: operating your bank accounts, paying your bills, managing your property, and handling your finances.
The key word is lasting. Unlike an ordinary power of attorney, which stops working the moment you lose mental capacity, an LPA is designed to keep working precisely when you need it most — after capacity is gone.
LPA vs a Will: Two Different Jobs
People often assume a will covers this. It does not. The two documents solve different problems, and most people need both.
- A will takes effect only after you die. It says who inherits your assets. It has no power while you are alive.
- An LPA takes effect only while you are alive but have lost capacity. It says who makes decisions for you. It has no power after you die — at that point, the will and the executor take over.
Put simply: a will handles death; an LPA handles incapacity during life. A person who has a will but no LPA is protected for the wrong scenario. If they suffer a stroke and cannot manage their own affairs, the will sits unused and the family is left without authority to act — the very problem the LPA exists to prevent.
Choosing Your Donees
The donee is the person who will make decisions for you, so this is the most important choice in the whole process. Points to weigh:
- Trust above all. A donee dealing with your property and affairs will have access to your money. Choose someone whose integrity you do not doubt.
- Capability. Managing finances or making medical decisions under pressure takes a level head. Pick someone who can actually do the job.
- One donee or several. You can appoint more than one donee. If you do, you decide whether they must act jointly (all decisions together) or jointly and severally (any of them can act alone). Jointly is safer but slower; jointly and severally is more practical but requires more trust.
- Replacement donees. You can name a replacement donee to step in if your first choice is unable to act. This is worth doing — it avoids the LPA failing if your donee predeceases you or loses capacity themselves.
- Separate donees for different areas. You can appoint one person for personal welfare and another for property and affairs if different people are better suited to each.
A donee’s powers are not unlimited. They must act in your best interests, and the Mental Capacity Act sets out duties and safeguards. You can also build in specific restrictions or conditions when you make the LPA.
How to Make and Register an LPA
The process runs through the Office of the Public Guardian and has a few defined steps:
- Choose the form. There are two forms — a standard form that covers the common powers, and a second form used where you want to grant customised or wider powers, which typically requires a lawyer to draft.
- Complete the LPA — naming your donees, the powers you grant, and any restrictions.
- Have it certified. A qualified professional — a practising lawyer, an accredited medical practitioner, or a registered psychiatrist acting as an LPA certificate issuer — must certify the LPA. Their role is to confirm you understand what you are signing, that you are not under pressure, and that you have capacity to make the LPA.
- Register it with the OPG. An LPA has no legal effect until it is registered with the Office of the Public Guardian. Registration is what makes it valid.
The critical requirement is timing: you must have mental capacity at the time you make the LPA. You cannot make one for someone who has already lost capacity — by then it is too late, and the only remaining route is a court application for deputyship.
The Cost of Skipping It: Deputyship
If a person loses mental capacity without a valid LPA in place, their family cannot simply step in to manage their affairs. Instead, someone must apply to the court to be appointed as a deputy under the Mental Capacity Act.
Deputyship achieves a similar end — authority to act for the incapacitated person — but the difference in cost and effort is stark:
- An LPA is a document you complete while well, certified and registered for a modest fee, in a matter of weeks.
- A deputyship application is a court process. It requires a formal application, supporting medical evidence, and often legal fees that run into the thousands. It takes months. The court, not the family, decides who is appointed and on what terms, and the deputy may be subject to ongoing supervision and reporting.
The comparison is the whole argument for making an LPA. The same protection, obtained in advance for a fraction of the cost and delay — or obtained after the fact through a court process that is expensive, slow, and out of the family’s hands. Making an LPA while you are well is one of the highest-value, lowest-effort pieces of planning available.
How DLLC Handles LPAs and Estate Planning
An LPA is one part of protecting yourself and your family — a will, and in some cases trust arrangements, complete the picture. Our practice advises on LPAs alongside wills and estate planning, so the documents work together rather than leaving gaps. Because our directors include a Notary Public and experienced advisers, we can also handle the certification and the drafting of customised powers where a standard form is not enough. We keep the process plain and practical: the goal is documents that work when they are needed, not a folder of paperwork.
If you want to put an LPA in place — or you need advice on deputyship because a family member has already lost capacity — contact us at (65) 6557 0215 or learn about our estate and next-of-kin services. You can also schedule a consultation. We typically respond within minutes during business hours.
Common Questions
What is the difference between an LPA and a will?
An LPA takes effect while you are alive but have lost mental capacity — it appoints someone to make decisions about your welfare and finances. A will takes effect only after you die, and says who inherits your assets. They cover different scenarios, and most people need both.
Can I make an LPA for a family member who already has dementia?
No. You can only make an LPA while you still have mental capacity. If a person has already lost capacity, the LPA route is closed, and the family must apply to the court to be appointed as a deputy under the Mental Capacity Act — a slower and more expensive process.
Do I need a lawyer to make an LPA?
For the standard LPA form covering common powers, you do not strictly need a lawyer, though you do need a qualified certificate issuer to certify it. Where you want to grant customised or wider powers, the second form is used and legal drafting is typically required. A lawyer can also make sure the LPA works alongside your will and estate plan.
How much does an LPA cost compared to deputyship?
An LPA is a relatively low-cost document — certification and a modest registration fee — completed in weeks. Deputyship, needed when no LPA exists and capacity has been lost, is a court application that typically costs thousands in fees, requires medical evidence, and takes months. The cost gap is the main reason to make an LPA in advance.
Can I appoint more than one donee?
Yes. You can appoint several donees and decide whether they must act jointly (together on every decision) or jointly and severally (any one can act alone). You can also name a replacement donee to step in if your first choice cannot act, and appoint different donees for personal welfare and for property and affairs.