The Lasting Power of Attorney (LPA), Advance Care Planning (ACP) and Advance Medical Directive (AMD) seem like mind-boggling processes. Why should we consider having them and what are the future implications?
As you plan for the future or discuss among peers, these acronyms may show up, especially so when you have senior parents to care for. Let’s find out why they could be important for you or your loved ones.
What are the differences between LPA, ACP and AMD?
Guide to Lasting Power of Attorney (LPA) in Singapore
An LPA is a legal document that outlines the appointed representative (“Donee”) is trusted to make decisions pertaining to your personal welfare and financial matters when you (“Donor”) are unable to do so on your own.
When is an LPA activated?
It is activated when one becomes mentally unstable, unable to make decisions and is medically diagnosed as mentally incapacitated.
Who can I assign to make decisions on my behalf?
Trusted individuals represent you and you can appoint up to 2 Donees.
What is being managed on my behalf?
Healthcare-related decisions, your place of residence after losing mental capacity, financial and property affairs.
What is the difference between LPA Form 1 and 2? Which form should I use?
There are 2 forms to use when applying for an LPA.
LPA Form 1 is suited for Donors who wish to grant Donee(s) general powers with basic restrictions and straightforward instructions. LPA Form 2 is for Donors who wish to grant Donee(s) with specific customised instructions and powers. As it’s drawn up tailored to your specific needs, a lawyer in Singapore needs to be engaged to draft the clauses in the LPA Form 2.
How much does it cost to do an LPA in Singapore?
The cost of making an LPA depends on your needs and plans, which relates to the use of either Form 1 or Form 2 as mentioned above.
To make an LPA (Form 1), S$0 for application fee (actual fee of S$75 waived until 31 March 2026 for Singapore Citizens), S$100 for permanent residents, and S$250 for foreigners. Should a lawyer’s advice be needed for Form 1, legal fees apply.
Form 2 involves a custom LPA, and the cost ranges from S$200 to S$500 or even more, depending on the complexity of requirements and the law firm’s rates.
Also, a separate fee is payable to the LPA Certificate Issuer for witnessing and certifying the LPA.
Cost estimates may vary depending on circumstances and changes in professional fees. Do consult the relevant professionals for the most up-to-date fees.
Can everyone make an LPA in Singapore?
Besides the minimum age, a certificate issuer (this could be an accredited medical practitioner, lawyer, or psychiatrist) needs to certify that you have the mental capacity to make an LPA and are not pressured into doing one. The completed LPA is available as an e-copy.
How much to apply?
Primarily, it depends on what financial and property matters you have, and how you wish for them to be managed when you’re no longer capable to do so.
My personal experience: My parents applied for an LPA and appointed me as their representative. I applied for the Lasting Power of Attorney (LPA) for them through the Office of the Public Guardian (Singapore) online portal. It’s best to for the necessary individuals to be present as a SingPass login and verification are required.
For my own LPA, it was done through a lawyer.
Guide to Advance Care Planning (ACP) in Singapore
The ACP is a voluntary discussion about healthcare and future care preferences which involves family members and healthcare providers.
When is an ACP activated?
Similar to LPA, the Advance Care Planning (ACP) document kicks in when you lose the mental capacity to decide e.g. in a coma. However, the ACP is not legally-binding.
Who can I assign to make decisions on my behalf?
A Nominated Healthcare Spokesperson (NHS) must be appointed to represent you in carrying out your preferred medical decision, should you be unable to speak for yourself.
What is being managed on my behalf?
The ACP should cover decisions for various scenarios or stages including future treatments and pain control options, and/or your preferred end-of-life care.
How much does it cost to do an ACP in Singapore?
The ACP process is free, although some organisations may charge a nominal fee for facilitating it.
How to make an ACP?
This can be done online, with the softcopy uploaded to My Legacy vault, an initiative by the Singapore Government. You may also make an appointment with an ACP facilitator, who’d be able to address any questions and guide you and your loved ones through the process.
If you are receiving treatment at a medical institution, it is ideal to check with your care team to arrange an ACP session for you to do so.
Guide to Advance Medical Directive (AMD) in Singapore
The AMD is a legal document done voluntarily that you sign in advance to let your doctor (should you become terminally ill or unconscious) know that you do not want to receive any extraordinary life-sustaining treatment to prolong your life.
When is an AMD activated?
The AMD is enforced when the patient loses capacity to make decisions, is terminally ill and is at impending death.
Who is involved when making the AMD?
Two witnesses are needed when you sign the AMD as they must sign the form as witnesses in your presence. One party must be the doctor while the other individual must be at least 21 years old.
What is being managed on my behalf?
An AMD outlines that you do not want to prolong your life in the situation of a terminal illness or impending death, by receiving life-sustaining treatments or medical interventions. When you’re no longer able to express your wishes, your AMD kicks in and allows your wishes to be respected, allowing you to pass on naturally as you want.
How much does it cost to do an AMD in Singapore?
While making an AMD is free, there may be doctor’s fees involved for his services.
How to make an AMD?
The AMD form can be downloaded for free, or obtained from our local hospitals, polyclinics or private clinics. After filling it up, sign it in the presence of 2 witnesses (as explained above). Next, submit the signed AMD form to the Registrar of Advance Medical Directives (Ministry of Health, Singapore, College of Medicine Building, 16 College Road, Singapore 169854) in a sealed envelope by mail or by hand. Finally, an acknowledgement from the Registrar of AMD will be sent to you once your AMD has been registered.
Why is it important to plan for your future?
Planning ahead gives you better control over many things. Just like financial planning for yourself or your family, planning for your children’s tertiary education funds and retirement planning, having goals and clarity allow us to make better decisions today, for tomorrow.
Although discussing about Advance Care Planning (ACP) and Advance Medical Directive (AMD) may seem taboo or sensitive to some, these plans should be made when loved ones are in good health instead of delaying till during an emergency.
It is probably one of the last things we can do out of respect for them, while avoiding potential disputes too.
Important details to know before making an LPA, ACP or AMD in Singapore
- All 3 plans will only activate when you are still around but do not have the mental capacity to make decisions for yourself. This is not to be confused with having a Will, which is only activated upon passing.
- To make any of the 3 plans, you need to be at least 21 years old with sound mental capacity.
- It is possible to change, revoke or terminate your LPA, ACP or AMD plans that have been made.
- Since the Lasting Power of Attorney (LPA) and Advance Medical Directive (AMD) are 2 different legal documents that are drawn up for different purposes, the scope of LPA and AMD does not overlap or overwrite each other.
- After making any of these documents, it is important to inform your family, loved ones and your representatives, so at the respective stage of your life, your representatives can carry out their roles on your behalf.
Unsure how to get started on a personal financial audit, or start planning for an LPA, ACP or AMD? I’d be most glad to share my experience and knowledge to support you on the multiple processes and paperwork Get in touch with me!