Singapore legislation
Clause 12
Clause 12
Appointment of donees
(1)
A donee of a lasting power of attorney must be —
an individual who has attained the age of 21 years; or
if the power relates only to P’s property and affairs, either such an individual, or a person other than an individual who is within a class of persons prescribed as being eligible to be appointed as donees.
(2)
A person who is an undischarged bankrupt may not be appointed as donee of a lasting power of attorney in relation to P’s property and affairs.
(3)
Subsections (4) to (7) apply in relation to an instrument under which 2 or more persons are to act as donees of a lasting power of attorney.
(4)
The instrument may appoint them to act —
jointly;
jointly and severally; or
jointly in respect of some matters and jointly and severally in respect of others.
(5)
To the extent to which it does not specify whether they are to act jointly or jointly and severally, the instrument is to be assumed to appoint them to act jointly.
(6)
If they are to act jointly, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part I or II of the First Schedule prevents a lasting power of attorney from being created.
(7)
If they are to act jointly and severally, a failure, as respects one of them, to comply with the requirements of subsection (1) or (2) or Part I or II of the First Schedule —
prevents the appointment taking effect in his case; but(b)does not prevent a lasting power of attorney from being created in the case of the other or others.
(8)
An instrument used to create a lasting power of attorney —
cannot give the donee (or, if more than one, any of them) power to appoint a substitute or successor; but(b)may itself appoint a person to replace the donee (or, if more than one, any of them) on the occurrence of an event mentioned in section 15(5)(a) to (d) which has the effect of terminating the donee’s appointment.