Common Misconceptions About LPAs in Singapore
- Consult Team
- Apr 14
- 4 min read
Debunking the Myths and Clarifying Legal Realities
In Singapore, the Lasting Power of Attorney (LPA) is a legal instrument governed by the Mental Capacity Act (Cap. 177A), allowing an individual (known as the donor) to appoint one or more persons (donees) to make decisions on their behalf should they lose mental capacity. Despite its clear purpose and structure, public understanding of the LPA remains limited — with several common misconceptions that hinder early adoption and proper estate planning.
According to the Office of the Public Guardian (OPG), as of 2023, over 140,000 LPAs have been registered in Singapore since the framework was introduced in 2010. While the numbers are growing, they still represent a small fraction of the population — highlighting the need for greater public education.
Let’s examine and clarify some of the most frequent misconceptions about LPAs.
Myth 1: “LPAs are only for the elderly.”
Reality: Loss of mental capacity does not discriminate by age. While conditions such as dementia are more common among the elderly, accidents, strokes, or mental illnesses can render a person incapable of making decisions at any age. The Ministry of Social and Family Development (MSF) actively encourages adults of all ages — particularly those between 30 to 60 years old — to plan early.
In legal terms, the LPA serves as preventive legal protection, empowering a chosen donee to step in when required. Waiting until one is “older” may be too late — once capacity is lost, no LPA can be executed.
Myth 2: “LPA only covers financial matters.”
Reality: There are two domains under the LPA:
Property & Affairs: decisions related to assets, banking, bills, investments, etc.
Personal Welfare: decisions concerning medical care, living arrangements, and daily needs.
Donors may choose to grant powers in one or both domains. Under Form 1 (standard form) or Form 2 (customised powers, typically drafted by a lawyer), donees can be authorised with broad or specific powers, depending on the donor’s preference.
Myth 3: “Once I appoint a donee, I lose control.”
Reality: An LPA only comes into effect upon a loss of mental capacity, as defined under Section 4 of the Mental Capacity Act. As long as the donor remains mentally capable, they retain full autonomy over all decisions. The donee has no authority unless capacity is legally assessed to be lost.
Furthermore, the donor can revoke the LPA at any time while they are still mentally capable, ensuring continued control over their affairs.
Myth 4: “It’s too expensive and complicated to make an LPA.”
Reality: The process for submitting Form 1 LPAs is relatively straightforward and cost-effective. In fact, the application fee is currently waived for Singapore Citizens (extended until 31 March 2026), making it highly accessible.
For those with complex instructions or multiple donees, Form 2 LPAs require drafting by a qualified lawyer — such as Stamford Legacy’s estate planning professionals — ensuring that legal safeguards are precisely tailored to the donor’s needs.
Myth 5: “A Will already covers everything — I don’t need an LPA.”
Reality: A Will and an LPA serve distinct legal purposes:
A Will takes effect only after death, dictating asset distribution.
An LPA is a living document, enabling someone to act on your behalf while you are still alive but mentally incapacitated.
Both instruments are essential in a comprehensive estate and incapacity plan. One without the other leaves gaps in protection.
Conclusion: Legal Planning Begins Before It's Urgent
Public misconception and procrastination often delay critical legal preparations. Yet the reality remains — incapacity can happen at any age, and without an LPA, loved ones may be forced into a costly, time-consuming Deputyship application under the Family Justice Courts.
Stamford Legacy advocates for proactive planning through the LPA to ensure that your voice is legally protected — even when you can no longer speak for yourself.
To learn more or start your LPA application, reach out to our estate planning team or visit www.stamfordlegacy.com.
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