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Power of Attorney

QGPOAType


Ordinary
Lasting

A General (non-durable) Power of Attorney is only valid as long as the Donor is capable of acting for him or herself. A General Power of Attorney will end automatically when the Donor becomes mentally incapacitated or dies.

A Lasting (durable) Power of Attorney will remain in force even if the donor becomes mentally incompetent. The donor must be competent at the time the Lasting Power of Attorney is made. A Lasting Power of Attorney ends automatically when the donor dies or when revoked by the donor. A Lasting Power of Attorney for property or financial affairs will also end upon the bankruptcy of the donor or the donee.




Your Power of Attorney

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GENERAL POWER OF ATTORNEY

THIS GENERAL POWER OF ATTORNEY is made this ________ day of ________________, ________ at __________, Singapore by ____________________, NRIC number __________, of ____________________

  1. Attorney
  2. I appoint __________________, NRIC number __________, of ____________________, to be my Attorney in accordance with Part X of the Conveyancing and Law of Property Act 1886 and the Mental Capacity Act 2008, if applicable.
  3. Replacement Attorney
  4. On the death, refusal or inability of __________________ to act or continue to act, I appoint ____________________, NRIC number ____________________, of _________________________________________ to act in place of __________________ as my replacement Attorney, in accordance with Part X of the Conveyancing and Law of Property Act 1886 and the Mental Capacity Act 2008, if applicable.
  5. Powers of Attorney
  6. My Attorney has authority to do anything on my behalf that I may lawfully do by attorney (the "General Power").
  7. Specific Powers
  8. Without restricting its generality in any way, the following power(s) are specifically included within the foregoing General Power:

    Provide initials on lines below:

    1. X____Real Estate Transactions
    2. To deal with any interest I may have in real property and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to:
      1. Purchase, sell, exchange, accept as gifts, place as security on loans, convey with or without covenants, rent, collect rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein; and
      2. Execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose.
    3. X____Maintain Property and Make Investments
    4. To retain any assets owned by me at the date this General Power of Attorney becomes effective, and to reinvest those assets in similar investments. In addition, my Attorney may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorized by any applicable legislation.
    5. X____Banking Transactions
    6. To do any act that I can do through my Attorney with a bank or other financial institution. This power includes, but is not limited to, the power to:
      1. Open, maintain or close bank accounts (including, but not limited to, current accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;
      2. Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any cheques or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, company, or political entity;
      3. Borrow money from any banking or financial institution if deemed necessary by my Attorney, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;
      4. Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or draft;
      5. Have access to any safe deposit box that I might own, including its contents; and
      6. Create and deliver any financial statements necessary to or from any bank or financial institution.
    7. X____Business Operating Transactions
    8. To take any action my Attorney deems necessary with any business that I may own or have an interest in by doing any act which can be done through an Attorney. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganise, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy.
    9. X____Insurance Transactions
    10. To do any act that I can do through my Attorney with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Attorney was already a beneficiary of any policy before the signing of this document, my Attorney cannot name himself or herself as a beneficiary of such policy.
    11. X____Claims and Litigation Matters
    12. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf, and the power to settle any claim against me in whichever forum or manner my Attorney deems prudent, and to receive or pay any resulting settlement.
    13. X____Tax Matters
    14. To act for me in all matters that affect my taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:
      1. Prepare, sign and file income and other tax returns with governmental bodies, and to receive any refund payments; and
      2. Obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.
    15. X____Government Benefits
    16. To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of Singapore or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Attorney sees fit, any proceeds of any claim.
    17. X____Retirement Benefit Transactions
    18. To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Attorney cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document.
    19. X____Family Care
    20. To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons who I have chosen or whom I am legally required to support, any of whom may include my Attorney. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs.
    21. X____Personal Property Transactions
    22. To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gifts, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge.
    23. X____Estate Transactions
    24. To do any act that I can do through my Attorney with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Attorney cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Attorney or my Attorney's estate.
    25. X____Living Trust Transactions
    26. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property.
    27. X____Gift Transactions
    28. To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Attorney may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.
    29. X____Charity Transactions
    30. To continue to make gifts to charitable organisations with which I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Attorney may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.
    31. X____Employ Required Professionals
    32. To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such remuneration and for such length of time as my Attorney considers advisable.
  9. Attorney Restrictions
  10. This Power of Attorney is not subject to any conditions or restrictions other than those noted above.

IN WITNESS WHEREOF I have hereunto set my hand the day and year first above written.


SIGNED in the presence of:

Witness:

_____________________ (sign)
Witness Name: _____________________
(Notary Public, solicitor, or Commissioner for Oaths)
Address: _____________________







             (Seal)

_____________________ (sign)
____________________


INSTRUCTIONS FOR EXECUTING YOUR POWER OF ATTORNEY

Before signing your Power of Attorney, ensure you have read it and understand the document.

To be valid, you must sign the document with your usual signature. The signing must occur in the presence of your solicitor or a Notary Public. After you have signed your document in front of your solicitor or a Notary Public, your solicitor or the Notary Public must sign in your presence.

If your Power of Attorney document is to be used outside of Singapore, it will need to be signed by a Notary Public.

Your Power of Attorney may be registered with the Supreme Court Registry after being signed and witnessed with your solicitor or a Notary Public. Additionally, if your Power of Attorney will be used to transfer real property (land), your solicitor may need to have the document recorded with the Land Titles Registry in order for the Power of Attorney to be recognised.

Last updated April 26, 2022

What is a Power of Attorney (POA)?

A Power of Attorney (POA) is a document that allows you to appoint another person to manage your affairs on your behalf.

Within a Power of Attorney, if you’re the one granting authority to a representative, you’re called the donor and the person you assign to act on your behalf is your donee

What are the different types of POA forms?

General Power of Attorney

This type of POA is only valid while the donor is mentally competent. Someone who isn’t mentally competent may be affected by a cognitive disability (such as dementia) that affects their capacity to understand situations or communicate.

A General POA ends once the donor becomes mentally incapacitated or dies.

Lasting Power of Attorney (LPA)

This type of POA remains in force even if the donor becomes mentally incompetent. However, the donor must be competent when they first create an LPA.

An LPA ends when the donor revokes it, goes bankrupt, or dies. It may also end if the donee goes bankrupt. 

Why should I create a Power of Attorney?

A Power of Attorney is a crucial estate planning document that allows someone you know and trust to make important decisions for you when you’re away or incapable of acting for yourself. This gives you some semblance of control when control is otherwise out of your hands. Use your POA to communicate your ideals and preferences to your donee and ensure that they respect your wishes.

Without a POA, critical decisions that affect your money and your life may be left up to people who don’t always have your best interests in mind. In some cases, decisions may be blocked without the proper authorization for a person to act.

For example, a business owner might create a POA to help manage their corporate affairs. Imagine their business deals with importing and exporting shipments, and they need someone to process customs clearance on their behalf. Without a POA that authorizes someone to provide this clearance, officials would likely stop the movement of the goods.

A common use case for LPAs is elderly parents who wish to pass on their financial and legal responsibilities to a younger family member. For instance, parents often appoint their adult children as their donees. This is essential, as elderly people are at higher risk of losing their mental competence as they age. 

What powers can I grant to my donee?

The powers available to your donee vary depending on whether you create a general or a lasting POA. You can also restrict or enable their actions to suit the situation you anticipate using this form in.

In general, you can grant your representative the ability to act in any or all of the following areas:

1. Business and real estate management

Allow your donee to manage your business and properties:

  • Sell or buy a house, flat, condo, or other properties
  • Maintain current properties
  • Make investments
  • Deposit or withdraw money from a bank account
  • Buy insurance and make claims
  • Represent your business interests in meetings

Give your donee the authority to represent you in legal matters:

  • File your taxes and deposit returns
  • Apply for and claim government benefits
  • Make retirement benefit transactions

3. Family and estate plans

Trust your donee to take care of your estate:

  • Make decisions related to the care of your family
  • Buy or sell personal property, such as furniture or collectibles
  • Make transactions related to the management of your estate
  • Deposit, withdraw, or transfer assets in your living trust
  • Donate money or assets to charity
  • Employ professionals, such as accountants or lawyers, when managing your estate

4. Personal welfare

Count on your donee to take care of your health:

  • Give or refuse consent to medical treatments
  • Give or refuse consent for your participation in clinical trials (i.e., the testing of new medications or medical devices)
  • Maintain your standard of living (e.g., deciding whether you should live in a care home or independently with support)

Who can I appoint as my donee?

Your donee should be a responsible and trustworthy person in your life, such as a spouse, family member, or even a professional. This is a deeply personal decision that can impact your life considerably, so it’s important to choose wisely.

Keep in mind the legal requirements for the donee in a Lasting Power of Attorney:

  • They must be of legal age, which is 21 years old.
  • A person who is an undischarged bankrupt cannot be in charge of your property and affairs.
  • You shouldn’t pay your donee unless you’re hiring a professional (e.g., a lawyer or accountant). Paid donees are held to a higher standard of care and skill than those who are unpaid.

You can also choose to appoint more than one donee in an LPA. In this case, you must specify whether they should act:

  • Jointly: The donees must agree before they can act on your behalf.
  • Jointly and severally: The donees may make decisions together or without the other’s agreement.

When making either a general POA or an LPA, you can also appoint a replacement donee to assume the role when your first choice is unavailable or unable to represent you. 

How do I fill out the Power of Attorney form?

With LawDepot’s Power of Attorney template, simply answer our questionnaire and we’ll populate the correct forms for you. Be sure to review the following information before creating your document.

1. Choose to make a general or lasting Power of Attorney.

A general POA is typically used in business situations, whereas an LPA is often used when the donor requires ongoing representation.

2. Provide your personal details.

You’ll need to input your full name, address, and National Registration Identity Card (NRIC) number.

3. Describe who you want to act on your behalf.

Input the full name, address, and NRIC number of any individual that you appoint as your donee or replacement donee.

4. Grant specific or general authority over your affairs.

For a general POA, select the specific areas in which your donee has authority. You can also select restrictions, such as:

  • Requesting to live independently for as long as possible and having your money spent for that purpose
  • Restricting investments to government-issued saving bonds
  • Writing custom restrictions to suit your situation

For an LPA, specify whether your donee has power over:

  • Your personal welfare
  • Your property and affairs
  • Both your personal welfare and property and affairs.

5. Sign the document.

Although you don’t need a lawyer to complete LawDepot’s Power of Attorney template, you must sign the document in the presence of your solicitor, a notary public, or a commissioner of oaths. 

How do I revoke my Lasting Power of Attorney?

If you’re of sound mind, you can create a document that revokes the authority granted in a Lasting Power of Attorney. However, if you’ve created an LPA and a doctor deems you mentally incompetent, then you will no longer be able to revoke the authority.

As well, you can refer to Singapore’s Mental Capacity Act for the events that may cause an automatic revocation of an LPA.

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