Creating a Lasting Power of Attorney or LPA in Singapore is a vital part of future planning. So, what is the Lasting Power of Attorney Form 2? In Singapore, Form 2 is a specialised form used when the standard Form 1 does not meet specific needs or when more customised arrangements are required. It allows for greater flexibility in appointing donees and defining their powers, making it suitable for complex situations or unique personal requirements. This form is also used if you have more than two Donees and more than one Replacement Donees.
Interested in learning more about how to complete and utilise Form 2? Read on for a comprehensive guide on how The Life Legacy can help you with your Form 2.
Where to Complete Lasting Power of Attorney Form 2?
There are two primary methods for completing your Lasting Power of Attorney Form 2:
Online Application via OPGO: This is the recommended and most efficient method.
Hardcopy Application: A hardcopy application is only suitable under specific circumstances:
Limited Digital Accessibility: If the Donor, Donee, or Replacement Donee has a physical disability or other limitations preventing OPGO use.
OPGO System Outage: In the rare case that the OPGO system is unavailable.
Lack of Electronic Device: If the Donor lacks a device to receive SMS messages for Singpass account creation or access.
Singpass Ineligibility: If the Donor, Donee, or Replacement Donee is not eligible for a Singpass account or National Digital Identity (NDI).
When submitting a hardcopy application, please include:
The completed LPA Form 2.
A cover letter clearly outlining the reason(s) for using a hardcopy application.
Any relevant supporting documents (for example, medical certificate for disability).
Acceptance of a hardcopy application is subject to the Public Guardian's discretion. Utilising the online OPGO system is generally preferred due to its efficiency and accuracy.
Things You Should Know When Filling Out LPA Form 2
The Lasting Power of Attorney (LPA) Form 2 is a crucial legal document that allows you to appoint trusted individuals to make decisions on your behalf if you lose mental capacity in the future. This ensures your wishes and well-being are respected even when you cannot make choices yourself. Here are some key considerations to remember before making your Lasting Power of Attorney using LPA Form 2:
1. Donee Selection and Authority:
Age Requirement: Your appointed Donee(s) must be at least 21 years old.
Power Granting: LPA Form 2 allows you to grant your more than 2 Donees specific decision-making authority over your:
Personal Welfare: This includes decisions related to your daily living arrangements, medical care, and overall well-being.
Property and Affairs: This covers managing your finances, investments, and real estate holdings.
Donee Eligibility: You can appoint individuals you trust as Donees. Additionally, for property and affairs only, Licensed Trust Companies can be designated as Donees.
Importance of Careful Selection: Choose your Donee(s) wisely. Select individuals you know well and have complete trust in to make decisions in your best interests.
2. Donee Responsibilities:
Duty of Care: Your Donees are legally obligated to act in accordance with the Mental Capacity Act Code of Practice. This code emphasises acting in your best interests at all times.
3. Replacement Donees:
LPA Form 2 allows you to designate more than 1 Replacement Donees who can step in if any of the following circumstances occur with your primary Donee(s):
Voluntary Resignation: If a Donee informs the Office of the Public Guardian (OPG) of their desire to relinquish their appointment.
Bankruptcy: A Donee's bankruptcy only affects their authority over your property and affairs.
Marriage Dissolution: If your marriage with a Donee ends through divorce or annulment.
Loss of Capacity: If a Donee loses mental capacity themselves.
Remember: Completing LPA Form 2 allows you to plan for potential future situations where you may lack mental capacity. Choosing trustworthy Donees and clearly outlining their powers ensures your well-being is protected.
Completion of LPA Form 2
To draft your LPA Form 2, you need to schedule an appointment with a Legacy Planning consultant, like The Life Legacy, to lay down your information and preferences. After that, the following steps are required for completion and registration:
1. Certification by an LPA Certificate Issuer (CI):
Visit an LPA CI, who may also be your lawyer. The CI's role is to ensure you understand the purpose of the LPA, including:
Your intention to appoint specific Donees.
The powers granted to those Donees.
That you are acting freely and without coercion.
2. Application Submission:
The CI will submit and certify your completed LPA application to the OPGO. Please note that application fees are non-refundable once submitted, regardless of the outcome (including rejection).
Remember: You retain the right to cancel your LPA at any time as long as you possess the mental capacity to do so.
Role of LPA Certificate Issuer in Singapore
An LPA Certificate Issuer plays a critical role in safeguarding the integrity of Lasting Power of Attorney (LPA) documents in Singapore. Their primary function is to act as a neutral and objective witness for the Donor (the person creating the LPA).
Responsibilities of an LPA Certificate Issuer:
Verifying Donor's Understanding: The Issuer ensures the Donor fully comprehends the purpose and implications of the LPA. This includes understanding the scope of authority granted to the Donee(s) (individuals appointed to act on the Donor's behalf).
Preventing Fraud and Undue Influence: The Issuer safeguards against situations where the Donor might be pressured or coerced into creating an LPA.
Ensuring Validity: The Issuer verifies that there are no legal or mental capacity issues that might hinder the creation of a valid LPA.
Maintaining Impartiality: To prevent conflicts of interest, Singaporean law disqualifies certain individuals from acting as LPA Certificate Issuers. These include:
Family members or associates of the Donor or Donee(s)
Business partners or employees of the Donor or Donee(s)
Individuals affiliated with the Donor's care facility
By upholding these standards, LPA Certificate Issuers ensure that LPAs accurately reflect the Donor's wishes and are created under legitimate circumstances.
Ready to Start Securing Your Future with a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a powerful tool that grants peace of mind to you and your loved ones. By learning the different forms of LPA, you're ensuring your wishes are carried out, even if you're unable to make decisions yourself.
Ready to take control of your future?
The Life Legacy can help you navigate the entire LPA process with ease. Our experienced team will guide you through every step, ensuring your LPA is tailored to your specific wishes and meets all legal requirements. We offer personalised consultations, clear explanations, and efficient document preparation – all designed to minimise stress and maximise your peace of mind.
Contact The Life Legacy today to schedule your first consultation and discover how we can help you secure your future with a Lasting Power of Attorney. Let's work together to ensure your legacy is protected.
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