Singapore legislation

Clause 11

Lasting powers of attorney

(1)

A lasting power of attorney is a power of attorney under which the donor (“P”) confers on the donee (or donees) authority to make decisions about all or any of the following:

(a)

P’s personal welfare or specified matters concerning P’s personal welfare;

(b)

P’s property and affairs or specified matters concerning P’s property and affairs,when P no longer has capacity to make such decisions.

(2)

A lasting power of attorney is not created unless —

(a)

section 12 is complied with;

(b)

an instrument conferring authority of the kind mentioned in subsection (1) is made and registered in accordance with the First Schedule; and

(c)

at the time when P executes the instrument, P has attained the age of 21 years and has capacity to execute it.

(3)

An instrument which —

(a)

purports to create a lasting power of attorney; but(b)does not comply with this section, section 12 or the First Schedule,confers no authority.

(4)

The authority conferred by a lasting power of attorney is subject to —

(a)

the provisions of this Act and, in particular, sections 3 (the principles) and 6 (best interests); and

(b)

any conditions or restrictions specified in the instrument.

Read in full context — Mental Capacity Bill →