PART II | LASTING POWERS OF ATTORNEY |
| Circumstances in which instrument may be made without using electronic transaction system |
4. For the purposes of section 11(2A)(d) of the Act, the Public Guardian may allow an instrument conferring authority of the kind mentioned in section 11(1) of the Act to be made without using the electronic transaction system if it is not possible to use the electronic transaction system for this purpose because the donor, the donee or (if there is more than one donee) any donee does not satisfy —| (a) | any of the conditions of access to, or the use of, the electronic transaction system; or | | (b) | any of the security and authentication requirements for such access or use, |
| determined by the Public Guardian under section 10B(4)(a) or (b) of the Act. |
[S 870/2022 wef 14/11/2022] |
| Notices to Public Guardian under section 11(7) or (8) of Act |
| 4A. A notice to the Public Guardian under section 11(7) or (8) of the Act must be in the form provided at the Public Guardian’s website and sent to the Public Guardian’s postal address or Public Guardian’s email address. [S 870/2022 wef 14/11/2022] |
| 4B. For the purposes of paragraphs 1(1)(a)(ii), 3, 4(1)(b), 6, 10(2) and 16 of the First Schedule to the Act, the prescribed website is the Public Guardian’s website. [S 870/2022 wef 14/11/2022] |
| Prescribed requirements for execution of instrument |
4C.—(1) For the purposes of paragraph 1(1)(d) of the First Schedule to the Act, the prescribed requirements in connection with the execution of an instrument are —| (a) | where the donor requires any information mentioned in paragraph 2(1)(a) of the First Schedule to the Act to be translated to the donor, the translation must be conducted by the person mentioned in paragraph 2(1)(e) of that Schedule (called in this regulation the witness) or another person (called in this regulation the translator) before the witness; | | (b) | the full name of, and the number of the identity card issued to, each of the following persons under the National Registration Act 1965, or (if no identity card is issued to the person) the number of the person’s passport or other official identification document, must be specified on the instrument: | (i) | the donor; | | (ii) | the donee or (if there is more than one donee) every donee; | | (iii) | the replacement donee or (if there is more than one replacement donee) every replacement donee; | | (iv) | the witness; | | (v) | if applicable, the translator; |
| | (c) | where the instrument is made using the electronic transaction system — the instrument must be executed in accordance with the requirements determined by the Public Guardian under section 10B(4) of the Act; and | | (d) | where the instrument is made using any form at the Public Guardian’s website instead of using the electronic transaction system — the requirements in paragraph (2). |
(2) For the purposes of paragraph (1)(d), the requirements are —| (a) | a donee must sign the instrument in the presence of a witness; | | (b) | a replacement donee (if any) must sign the instrument in the presence of a witness; | | (c) | where a translator had translated any information mentioned in paragraph 2(1)(a) of the First Schedule to the Act to a donee or replacement donee, the translator must indicate this fact on the instrument and be the witness mentioned in sub‑paragraph (a) or (b), as the case may be; | | (d) | the donor must execute the instrument in accordance with paragraph 1(1)(c) of the First Schedule to the Act; | | (e) | subject to paragraph (1)(a), where a translator had translated any information mentioned in paragraph 2(1)(a) of the First Schedule to the Act to the donor, the translator must indicate this fact on the instrument; | | (f) | after the steps mentioned in sub-paragraphs (a) to (e) have been taken, the donor must sign at the end of every page of the instrument; and | | (g) | the donor, a donee or a replacement donee (if any) may not witness any signature required for the instrument. |
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| (3) Any reference in paragraph (2) to a person signing an instrument (however expressed) includes the person signing it by means of a mark or thumbprint made on the instrument at the appropriate place. [S 870/2022 wef 14/11/2022] |
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| Persons other than individuals who can be appointed property and affairs donees |
| 5. For the purpose of paragraph (a) of the definition of “professional donee” in section 2(1) of the Act, licensed trust companies within the meaning of section 2 of the Trust Companies Act (Cap. 336) are prescribed persons who may be appointed as a donee of a lasting power of attorney in respect of a donor’s property and affairs. [S 531/2018 wef 01/09/2018] |
| 6. [Deleted by S 524/2014 wef 01/09/2014] |
| Persons who may provide LPA Certificate |
7.—(1) For the purposes of paragraph 2(1)(e) of the First Schedule to the Act and subject to paragraph (2), the following persons are persons of a prescribed description who may give an LPA Certificate:| (a) | a legally qualified medical practitioner who is registered as specialists in psychiatry under the Medical Registration Act (Cap. 174); | | (b) | a legally qualified medical practitioner who is accredited by the Public Guardian to issue LPA Certificates; and | | (c) | an advocate and solicitor of the Supreme Court who has in force a practising certificate under the Legal Profession Act (Cap. 161). [S 501/2019 wef 01/08/2019] |
(2) A person is disqualified from giving an LPA Certificate in respect of any instrument intended to create a lasting power of attorney if that person is —| (a) | a family member of the donor; | | (b) | a donee of that power; | | (c) | a donee of any other lasting power of attorney which has been executed by the donor (whether or not it has been revoked); | | (d) | a family member of a donee within sub-paragraphs (b) and (c); | | (e) | a director or an employee of a person other than an individual acting as a donee within sub-paragraphs (b) and (c); | | (f) | a business partner or an employee of —| (i) | the donor; or | | (ii) | a donee within sub-paragraphs (b) and (c); |
| | (g) | an owner, a director, a manager or an employee of any care facility where the donor lives or is cared for when the instrument is executed; or | | (h) | a family member of a person within sub-paragraph (g). |
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| (3) For the purposes of paragraph (2), “donee” includes a “replacement donee”. |
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| Prescribed period for payment of registration fee and for registration |
8.—(1) For the purposes of paragraph 4(3) of the First Schedule to the Act, the prescribed period within which the prescribed fee for the registration of the instrument must be paid is 6 months after the date on which the application for the registration of the instrument is made.(2) For the purposes of paragraph 4(5) of the First Schedule to the Act, the prescribed period at the end of which the Public Guardian must register an instrument as a lasting power of attorney in accordance with that paragraph is, subject to paragraph (3), 21 days after —| (a) | where only one donee is appointed under the instrument — the date on which the Public Guardian gives the donee a notice under paragraph 5 of the First Schedule to the Act of the receipt of an application for the registration of an instrument (called in this regulation the specified notice); or | | (b) | where more than one donee is appointed under the instrument — the date on which the Public Guardian gives every donee the specified notice or (if the specified notices are given on different dates) the last of those dates. |
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| (3) For the purposes of paragraph (2), where the last day of the period of 21 days falls on a non‑business day, the prescribed period includes the next day that is not a non‑business day. |
| (4) In this regulation, “non-business day” means Saturday, Sunday or public holiday. [S 870/2022 wef 14/11/2022] |
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| 9. [Deleted by S 524/2014 wef 01/09/2014] |
| 10. [Deleted by S 870/2022 wef 14/11/2022] |
| 11. [Deleted by S 870/2022 wef 14/11/2022] |
| Notice of receipt of application for registration |
| 12.—(1) The form of notice which the Public Guardian must give to the donee (or donees) when the Public Guardian receives an application from a donor for the registration of a lasting power of attorney is that which is provided at the Public Guardian’s website. [S 501/2019 wef 01/08/2019] | (2) [Deleted by S 870/2022 wef 14/11/2022] |
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| Objection to registration: notice to Public Guardian to be given by donee |
| 13.—(1) This regulation deals with any objection to the registration of an instrument as a lasting power of attorney which is to be made to the Public Guardian by the donee of the power. [S 524/2014 wef 01/09/2014] (2) Where the donee of the power —| (a) | is entitled to receive notice under paragraph 5 of the First Schedule to the Act of an application for the registration of the instrument; and [S 524/2014 wef 01/09/2014] [S 870/2022 wef 14/11/2022] | | (b) | wishes to object to registration on a ground set out in paragraph 9(1)(b) of the First Schedule to the Act, [S 870/2022 wef 14/11/2022] |
| he must do so by the date specified in the notice. |
[S 524/2014 wef 01/09/2014] |
(3) A notice of objection must be given in the form provided at the Public Guardian’s website, setting out —| (a) | the name and address of the objector; | | (b) | the name and address of the donor of the power; | | (c) | if known, the name and address of the other donee (or donees); and [S 501/2019 wef 01/08/2019] | | (d) | the ground for making the objection. [S 870/2022 wef 14/11/2022] |
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| (3A) A notice of objection must be sent to the Public Guardian’s postal address or Public Guardian’s email address. [S 870/2022 wef 14/11/2022] |
| (4) The Public Guardian must notify the objector as to whether he is satisfied that the ground of the objection is established. |
| (5) At any time after receiving the notice of objection and before giving the notice required by paragraph (4), the Public Guardian may require the objector to provide such further information, or produce such documents, as the Public Guardian reasonably considers necessary to enable him to determine whether the ground for making the objection is established. |
(6) Where —| (a) | the Public Guardian is satisfied that the ground of the objection is established; but | | (b) | by virtue of section 15(6) of the Act, the instrument is not revoked, |
| the notice under paragraph (4) must contain a statement to that effect. |
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(7) Nothing in this regulation prevents an objector from making a further objection under paragraph 9 of the First Schedule to the Act where —| (a) | the notice under paragraph (4) indicates that the Public Guardian is not satisfied that the particular ground of objection to which that notice relates is established; and | | (b) | the date specified in the notice under paragraph (2) has not expired. [S 870/2022 wef 14/11/2022] |
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| 14. [Deleted by S 870/2022 wef 14/11/2022] |
| Objection to registration: application to court |
15.—(1) This regulation deals with any objection to the registration of an instrument as a lasting power of attorney which is to be made to the court.(2) The grounds for making an application to the court are —| (a) | that one or more of the requirements for the creation of a lasting power of attorney have not been met; | | (b) | that the power has been revoked, or has otherwise come to an end, on a ground other than the grounds set out in paragraph 9(1)(b) of the First Schedule to the Act; [S 870/2022 wef 14/11/2022] | | (c) | any of the grounds set out in section 17(3) of the Act. [S 501/2019 wef 01/08/2019] |
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(3) Where any person —| (a) | is entitled to receive notice under paragraph 5 of the First Schedule to the Act of an application for the registration of the instrument; and [S 524/2014 wef 01/09/2014] [S 870/2022 wef 14/11/2022] | | (b) | wishes to object to registration on one or more of the grounds set out in paragraph (2), |
| he must make an application to the court by the date specified in the notice. |
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| (4) A notice of an application to the court, which a person making an objection to the court is required to give to the Public Guardian under paragraph 9(3)(b)(ii) of the First Schedule to the Act, must be in the form provided at the Public Guardian’s website and sent to the Public Guardian’s postal address or Public Guardian’s email address. [S 870/2022 wef 14/11/2022] |
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| Notifying applicants of non-registration of lasting power of attorney |
16. Where the Public Guardian is prevented from registering an instrument as a lasting power of attorney by virtue of —| (a) | any non-compliance with paragraph 4(2) of the First Schedule to the Act (application for registration of instrument not accompanied by instrument); [S 870/2022 wef 14/11/2022] | | (b) | paragraph 7(1) of that Schedule (instrument not made in accordance with section 12A or First Schedule); [S 870/2022 wef 14/11/2022] | | (c) | paragraph 8(2) of that Schedule (deputy already appointed); [S 870/2022 wef 14/11/2022] | | (d) | paragraph 9(2) of that Schedule (ground for objection by donee established); or [S 870/2022 wef 14/11/2022] | | (e) | paragraph 9(4) of that Schedule (application made to court objecting to registration of instrument), |
| he must notify the person (or persons) who applied for registration of that fact. |
[S 870/2022 wef 14/11/2022] |
| 17. [Deleted by S 870/2022 wef 14/11/2022] |
| 18. [Deleted by S 870/2022 wef 14/11/2022] |
| Loss or destruction of instrument registered as lasting power of attorney |
19.—(1) This regulation applies where —| (a) | a person is required by or under the Act to deliver to the Public Guardian any of the following documents:| (i) | an instrument registered as a lasting power of attorney; | | (ii) | [Deleted by S 501/2019 wef 01/08/2019] | | (iii) | a certified copy of that registered instrument; and [S 524/2014 wef 01/09/2014] |
| | (b) | the document has been lost or destroyed. |
(2) The person required to deliver the document must provide to the Public Guardian a statutory declaration setting out —| (a) | if known, the date of the loss or destruction and the circumstances in which it occurred; | | (b) | otherwise, a statement of when he last had the document in his possession. [S 524/2014 wef 01/09/2014] |
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| Disclaimer of appointment by donee of lasting power of attorney |
20.—(1) A donee or a replacement donee (called in this regulation A) who wishes to disclaim A’s appointment as such must —| (a) | give a notice of this to the donor and every donee (excluding the donee wishing to disclaim) (each called in this regulation B) in the form provided at the Public Guardian’s website by —| (i) | delivering it personally to the donor or B; | | (ii) | prepaid registered post or ordinary post to the last postal address of the donor or B; or | | (iii) | if A is unable to send the notice in the manner described in sub‑paragraph (i), or sub‑paragraph (ii) because A does not know the last postal address of the donor or B — sending it to the last email address of the donor or B, as the case may be; and |
| | (b) | give a notice to the Public Guardian, in the form provided at the Public Guardian’s website, by sending it to the Public Guardian’s postal address or Public Guardian’s email address. |
(2) In this regulation —“last email address” means —| (a) | an email address of the donor or B (as the case may be) at which A corresponds with the donor or B (as the case may be); or | | (b) | if there is no such email address — an email address which the donor or B (as the case may be) represents to A as the email address to which communications to the donor or B (as the case may be) may be sent; |
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“last postal address” means —| (a) | the postal address of the donor or B (as the case may be) at which A corresponds with the donor or B (as the case may be); | | (b) | if there is no postal address mentioned in paragraph (a) — a postal address which the donor or B (as the case may be) represents to A as the postal address to which communications to the donor or B (as the case may be) may be sent; or | | (c) | if there is no postal address mentioned in paragraph (a) or (b) — the usual or last known place of residence or business of the donor or B (as the case may be). [S 870/2022 wef 14/11/2022] |
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| Revocation by donor of lasting power of attorney |
21.—(1) For the purposes of section 15(9) of the Act, a donor who revokes a lasting power of attorney must —| (a) | give a written notice of this to the donee or (if there is more than one donee) every donee by —| (i) | delivering it personally to the donee; | | (ii) | prepaid registered post or ordinary post to the donee’s last postal address; or | | (iii) | if the donor is unable to send the notice in the manner described in sub‑paragraph (i), or sub‑paragraph (ii) because the donor does not know the donee’s last postal address — sending it to the last email address of the donee; and |
| | (b) | give a notice to the Public Guardian, in the form provided at the Public Guardian’s website, by sending it to the Public Guardian’s postal address or Public Guardian’s email address. |
(2) In this regulation —“last email address” means —| (a) | an email address of the donee at which the donor corresponds with the donee; or | | (b) | if there is no such email address — an email address which the donee represents to the donor as the email address to which communications to the donee may be sent; |
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“last postal address” means —| (a) | the postal address of the donee at which the donor corresponds with the donee; | | (b) | if there is no postal address mentioned in paragraph (a) — a postal address which the donee represents to the donor as the postal address to which communications to the donee may be sent; or | | (c) | if there is no postal address mentioned in paragraph (a) or (b) — the usual or last known place of residence or business of the donee. [S 870/2022 wef 14/11/2022] |
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| 22. [Deleted by S 870/2022 wef 14/11/2022] |
| Donor to inform Public Guardian of certain events |
| 23. A donor of a lasting power of attorney who does not lack capacity must notify the Public Guardian within 14 days of any event that revokes the lasting power of attorney or the appointment of any of the donees. |
| Donee to inform Public Guardian of certain events |
| 24. A donee of a lasting power of attorney must inform the Public Guardian within 14 days of any event that terminates his appointment or revokes his powers (in whole or in part). |
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