Conflicts in Execution between Singapore and Foreign Lasting Power of Attorney

Mr Saktiandi Supaat asked the Minister for Social and Family Development (a) how many cases commenced under the Mental Capacity Act 2008 involved a conflict between a Singapore Lasting Power of Attorney (LPA) and a foreign LPA executed by the same donor; (b) whether the Government intends to enhance our laws to recognise and enforce foreign LPAs and foreign mental capacity proceedings; (c) whether Singapore will ratify the 2000 Hague Convention on the International Protection of Adults; and (d) if not, why not.

The Government does not track the number of court cases involving a conflict between a Lasting Power of Attorney (LPA) made under Singapore’s Mental Capacity Act and a foreign LPA executed by the same donor.

We have no plans to amend our laws to recognise and enforce foreign LPAs and foreign mental capacity proceedings, or to ratify the 2000 Hague Convention on the International Protection of Adults to achieve the same end. This is because the requirements to make an LPA may differ greatly from country to country, and it is important to us that there are robust safeguards in place for Singaporeans to make an LPA to ensure that the interests of the donor will be protected.

Parties who wish to have a foreign LPA recognised or enforced in Singapore, or to resolve a conflict between an LPA made in Singapore and a foreign LPA, may seek their own legal advice.