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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.
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
2. Government and legal matters
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.
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.