LPA Power of Attorney Deed Poll

Choosing the Right Donee

Trust, availability and willingness all matter.

A Lasting Power of Attorney (LPA) lets you appoint someone to decide for you if you lose mental capacity. To be a donee, a person must be at least 21 years old, but meeting the minimum is not the same as being the right choice.

Key points

Check the legal basics. If the LPA covers property or financial matters, the donee must not be an undischarged bankrupt. You can grant powers over personal welfare, property and affairs, or both.

Know your limits on numbers. Under the standard LPA Form 1, you can appoint up to two donees and one replacement donee. The customised Form 2 has no limit on the number of donees.

Name a replacement donee. If your only donee can no longer act, the LPA ends with them unless a replacement is in place.

Choose for character, not seniority. Pick someone honest and sensible with money, and willing to take on the role. They should live close enough, or be reachable enough, to act promptly. They should also understand your wishes.

Remember the safeguards. The Office of the Public Guardian (OPG) can investigate cases where a donee does not act in the donor’s best interests. Still, trust matters more than any safeguard.

What to do next

  1. Shortlist and speak to your candidates about the role and your wishes before naming anyone.
  2. Draft your LPA online. Form 1 is made through the OPG Online (OPGO) system using SingPass, and your donees sign in to accept their appointment.
  3. Visit a Certificate Issuer. This must be a practising lawyer, a registered psychiatrist, or a doctor accredited by the OPG.
  4. Confirm registration. An LPA is only valid once the OPG has registered it.
  5. Review your choice after major life changes. You can revoke the LPA while you still have mental capacity.

 

Contact Andy Leow

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