Number of LPAs Coming into Effect Due to Loss of Mental Capacity and Those Resulting in Legacy Management Disputes

Mr Liang Eng Hwa asked the Minister for Social and Family Development (a) in each year of the last three years, how many Lasting Powers of Attorney (LPAs) came into effect in cases where the donor lost the mental capacity to make decisions; and (b) whether the Ministry has data on the number of disputes with regard to the legacy management of the donor when the donor is mentally incapacitated.

The Ministry of Social and Family Development (MSF) does not track the number of Lasting Powers of Attorney (LPAs) that have come into effect when a donor has lost mental capacity. We do not require the donee to inform us when a donor loses mental capacity or when an LPA comes into effect.

In practice, a donee is only allowed to transact on a donor's behalf when a registered medical practitioner has certified the donor to have lost mental capacity. When a donee approaches a party, such as banks and insurance agencies, to transact on a donor's behalf, the party would typically require the donee to furnish formal certification of the donor's loss of mental capacity as well as the donor's LPA. The donee would share the latest version of the LPA via the Office of the Public Guardian online portal with the party. Each party may also impose its own requirements before allowing the donee to transact on the donor's behalf. An LPA is only said to have come into effect when a party has conducted the requisite verification checks and allowed the donee to transact on the donor's behalf.

MSF also does not have information on the number of disputes with regard to the legacy management of the donor when the donor is mentally incapacitated.