Duties of the Donee of a Lasting Power of Attorney in Singapore

Appointing a Donee for your Lasting Power of Attorney (LPA) is a significant decision, and understanding their responsibilities is crucial. So, what are the duties of the Donee of a Lasting Power of Attorney in Singapore? The Donee is responsible for making decisions on your behalf if you lose mental capacity. This includes managing your personal welfare, healthcare, property and financial affairs, always acting in your best interest and adhering to the guidelines set out in the LPA.

Want to learn more about the role and responsibilities of a Donee? Read on for a comprehensive guide detailing the duties, legal obligations, and best practices for a Donee of a Lasting Power of Attorney in Singapore, ensuring your interests are protected!

Who Can Be My Donee?

husband and wife setting up lasting power of attorney

Lasting Power of Attorney Act outlines the eligibility criteria for Donees:

Individuals:

The Donee must be a natural person, at least 21 years old.
The Donee for Property & Affairs must not be an undischarged bankrupt or a licensed trust company registered under the Trust Companies Act.

Professional Donees:

If you lack a suitable next-of-kin, you can appoint a qualified professional as your Donee. These professionals undergo specific training and registration to fulfil this role.

By carefully selecting your Donee and ensuring they understand their responsibilities, you can gain peace of mind knowing your well-being and finances will be cared for if you lose mental capacity. If you need guidance, you can ask for help from a Legacy Planning expert like The Life Legacy.

How Many Donees Can I Have?

It's crucial to choose the right number of Donees to ensure effective decision-making. Each form has different requirements when it comes to the number of Donees you can have.

Number of Donees Permitted:

LPA Form 1: Singapore regulations allow you to appoint up to two (2) Donees and one (1) replacement Donee using the simplified LPA Form 1.
LPA Form 2: For situations requiring more than two Donees and more than 1 replacement Donees, LPA Form 2 offers greater flexibility. This form can be drafted with the assistance of a legacy planning consultant, like The Life Legacy.

Factors to Consider When Choosing the Number of Donees:

Decision-Making Efficiency: While having multiple Donees can provide diverse perspectives, too many can lead to disagreements and hinder timely choices. Aim for a number that facilitates efficient decision-making.
Clarity and Communication: A large number of Donees might confuse third parties (medical professionals, financial institutions, etc.) regarding who has the authority to make decisions.
Collaboration and Conflict Resolution: Choose Donees who are comfortable working together and resolving any differences constructively to prevent stalemates.

Maximising LPA Effectiveness:

Carefully Select Your Donees: Choose an individual you trust implicitly to act in your best interests and honour your wishes.
Open Communication: Discuss your expectations and preferences with your chosen Donees to ensure alignment.
Consider a Replacement Donee: Appoint a replacement Donee in case your primary Donee(s) are unavailable or unwilling to fulfil their role.

By thoughtfully selecting the number of Donees and ensuring clear communication, you can create a robust LPA that safeguards your well-being and financial security in the event of losing mental capacity.

Duties of Donees of a Lasting Power of Attorney

Singapore's Mental Capacity Act mandates that Donees must always act in the Donor's best interests. This principle forms the bedrock of all decision-making undertaken by the Donee. Here are the specific duties that an eligible Donee should follow:

Personal welfare Donee

An LPA can be crafted to grant a Donee authority over your personal welfare. This encompasses decisions impacting your daily life, such as:

Residence: Determining your living arrangements, whether it's an independent residence, a care facility, or cohabitation with others.
Companionship: Deciding who you reside with, ensuring a safe and supportive environment.
Daily Care: Make choices regarding your daily routine, including clothing, meals, and personal hygiene.
Social Activities: Selecting appropriate social activities to maintain your well-being and social connections.
Communication: Managing your personal correspondence, ensuring you remain connected with loved ones.
Visitation Rights: Determining who is permitted to visit you, fostering positive social interaction.

Property & affairs Donee

An LPA can be crafted to grant a Donee authority over your property and financial matters. This encompasses a wide range of responsibilities, such as:

Property Management: Decisions regarding buying, selling, renting, or mortgaging your property to ensure its effective management.
Financial Accounts: Opening, closing, and operating your bank accounts to manage your finances securely.
Financial Receipts: Receiving income streams like dividends, inheritances, or other entitlements on your behalf.
Tax Management: Handling your tax obligations to ensure compliance with Singaporean regulations.
Financial Outlays: Paying essential expenses like rent, mortgage payments, and household bills to maintain your financial stability.
Investment Management: Making investment decisions with your money, aiming for growth while minimising risk.
Acquiring Assets: Purchasing vehicles or other equipment deemed necessary for your well-being.

By understanding these responsibilities, Donees can fulfil their role effectively, safeguarding the Donor's financial security during periods of mental incapacity.

Conclusion

Taking control of your future well-being starts today. A Lasting Power of Attorney (LPA) empowers you to designate a trusted individual to make crucial decisions on your behalf if you lose mental capacity.

This guide provided a foundational understanding of Donee's responsibilities in the LPA framework. However, navigating the intricacies of LPA creation and ensuring your wishes are clearly documented requires a deeper dive.

The Life Legacy Can Guide You

Our comprehensive services dive deeper into the LPA process in Singapore. Here, you'll experience:

A step-by-step guide to crafting your LPA
Detailed explanations of Donee's roles and responsibilities
Practical tips for choosing the right Donee(s)
Information on the general scope of Lasting Power of Attorney in Singapore

Don't wait until it's too late. By proactively creating an LPA, you can ensure your well-being and financial security are protected, granting peace of mind to yourself and your loved ones.