Singapore legislation
Schedule “FIRST SCHEDULE
Schedule “FIRST SCHEDULE
Lasting powers of attorney: formalities
Sections 11(2), (2A) and (3), 12(6) and (7), 16(1), 32A(2), 43C(8) and 45Lasting powers of attorney: formalitiesPart 1MAKING INSTRUMENTSGeneral requirements as to making instruments1.—
An instrument is not made in accordance with this Schedule unless —
subject to paragraph 3 —
it is made using the electronic transaction system and is in the prescribed form provided in the electronic transaction system; or
in a case where section 11(2A) applies — it is in any of the forms provided at the prescribed website;
it complies with paragraph 2; (c)the donor executes the instrument in the presence of a witness, who must be a person mentioned in paragraph 2(1)(e), and must attest the donor’s execution of the instrument; and
all the prescribed requirements in connection with its execution are satisfied.(2) Regulations made under section 46 may make different provision according to whether —
the instrument relates to personal welfare or to property and affairs (or to both); or
only one or more than one donee is to be appointed (and if more than one, whether jointly or jointly and severally).Requirements as to content of instruments2.—
The instrument must include —
the information specified in any of the forms mentioned in paragraph 1(1)(a) about the purpose of the instrument and the effect of a lasting power of attorney;
a statement by the donor to the effect that the donor —
has read the information mentioned in sub‑paragraph (a) (or has had it read to the donor); and
intends the authority conferred under the instrument to mean authority to make decisions on the donor’s behalf in circumstances where the donor no longer has capacity;
a statement by the donee (or if there is more than one donee, each of them) to the effect that the donee —
has read the information mentioned in sub‑paragraph (a) (or has had it read to the donee); and
understands the duties imposed on a donee of a lasting power of attorney under sections 3 (the principles) and 6 (best interests); (d)a statement by the replacement donee (if any) or if there is more than one replacement donee, each of them, to the effect that the replacement donee —
has read the information mentioned in sub‑paragraph (a) (or has had it read to the replacement donee); and
understands the duties imposed on a donee of a lasting power of attorney under sections 3 (the principles) and 6 (best interests);
a certificate by a person of a prescribed description that, in the person’s opinion, at the time when the donor executes the instrument —
the donor understands the purpose of the instrument and the scope of the authority conferred under it;
no fraud or undue pressure is being used to induce the donor to create a lasting power of attorney; and
there is nothing else which would prevent a lasting power of attorney from being created by the instrument; and
a statement by the person mentioned in sub‑paragraph (e) that the person witnessed the donor’s execution of the instrument.(2) The certificate mentioned in sub‑paragraph (1)(e) may not be given by a person appointed as donee under the instrument.Failure to comply with form3.—
If an instrument differs in an immaterial respect in form or mode of expression from any form for an instrument provided at the prescribed website or in the electronic transaction system (as the case may be), it is to be treated by the Public Guardian as sufficient in point of form and expression.(2) The court may declare that an instrument which is not in any form for an instrument provided at the prescribed website or in the electronic transaction system (as the case may be) is to be treated as if it were, if the court is satisfied that the persons executing the instrument intended it to create a lasting power of attorney.(3) To avoid doubt, an instrument is treated as being made in a form for the instrument provided at the prescribed website or in the electronic transaction system (as the case may be), if it complies with the form that was provided at the prescribed website or in the electronic transaction system (as the case may be) at the time of its making.Part 2REGISTRATIONApplications and procedure for registration4.—
An application to the Public Guardian for the registration of an instrument that is intended to create a lasting power of attorney must be made —
within 6 months (or any longer period determined by the Public Guardian if the Public Guardian is satisfied that there is good reason for the delay) after the date on which the donor executes the instrument; (b)using the electronic transaction system or, in a case where section 10C(2) or 11(2A) applies, in the form provided at the prescribed website; and
by the donor. (2) An application made under sub‑paragraph (1) must be accompanied by the instrument.(3) Unless waived by the Public Guardian in any particular case, the prescribed fee for the registration of the instrument must be paid in the manner specified by the Public Guardian, within the prescribed period (or any longer period determined by the Public Guardian if the Public Guardian is satisfied that there is good reason for the delay).(4) If the prescribed fee is not paid in accordance with sub‑paragraph (3), the application is treated as not having been made. (5) Subject to paragraphs 7, 8 and 9, the Public Guardian must register the instrument as a lasting power of attorney at the end of the prescribed period if —
the application complies with sub‑paragraphs (1), (2) and (3); and
the Public Guardian is not aware that any of the following events has occurred:
the donor has passed away;
the instrument is revoked as a result of the donor’s bankruptcy;
the donor has revoked the instrument;
the instrument is revoked as a result of an event mentioned in section 15(5)(a), (b), (c) or (d).(6) A person who, in an application for registration of an instrument, makes a statement which the person knows to be false in a material particular shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 2 years or to both.Notification to donee
5. As soon as is practicable after receiving an application by the donor under paragraph 4(1) and determining that the application is in order, the Public Guardian must notify the donee (or donees) that the application has been received.Notification requirements
6. A notice under paragraph 5 must include such information (if any) as may be mentioned at the prescribed website.Instrument not made properly or containing ineffective provision7.—
If it appears to the Public Guardian that an instrument is not made in accordance with section 12A and this Schedule or, in a case where section 11(2A) applies, in accordance with this Schedule, the Public Guardian must not register the instrument unless the court directs the Public Guardian to do so.(2) Sub-paragraph (3) applies if the court determines under section 18(1) that the instrument contains a provision which —
would be ineffective as part of a lasting power of attorney; or
would prevent the instrument from operating as a valid lasting power of attorney.(3) The court must —
notify the Public Guardian that it has severed the provision; or
direct the Public Guardian not to register the instrument.(4) Where the court notifies the Public Guardian that the court has severed a provision, the Public Guardian must register the instrument with a note to that effect attached to it.Deputy already appointed8.—
Sub-paragraph (2) applies if it appears to the Public Guardian that —
there is a deputy appointed by the court for the donor; and
the powers conferred on the deputy would, if the instrument were registered, to any extent conflict with the powers conferred on the attorney.(2) The Public Guardian must not register the instrument unless the court directs the Public Guardian to do so.Objection by donee 9.—
Sub-paragraph (2) applies if a donee —
receives a notice under paragraph 5 of an application for the registration of an instrument; and
before the end of the prescribed period, gives notice to the Public Guardian of an objection to the registration on the ground that an event mentioned in section 15(3) or (5)(a) to (d) has occurred which has revoked the instrument.(2) If the Public Guardian is satisfied that the ground for making the objection is established, the Public Guardian must not register the instrument unless the court, on the application of the person applying for the registration —
is satisfied that the ground is not established; and
directs the Public Guardian to register the instrument.(3) Sub-paragraph (4) applies if a donee —
receives a notice under paragraph 5 of an application for the registration of an instrument; and
before the end of the prescribed period —
makes an application to the court objecting to the registration on a prescribed ground; and
notifies the Public Guardian of the application.(4) The Public Guardian must not register the instrument unless the court directs the Public Guardian to do so.Registration10.—
The Public Guardian may register an instrument in any form and manner as the Public Guardian may determine (including in an electronic form and by electronic means).(2) Where the Public Guardian registers an instrument under this Schedule, the Public Guardian must give notice of such registration, in the form provided at the prescribed website, to the following persons:
the donor;
the donee (or if there is more than one donee, each of them).Evidence of registration, etc.
11. The Public Guardian may, in accordance with any prescribed requirements (if prescribed), give to a person a copy of, or certify a copy of, an instrument registered by the Public Guardian under this Schedule to create a lasting power of attorney.Part 3CANCELLATION OF REGISTRATION AND NOTIFICATION OF SEVERANCECancellation of registration12.—
The Public Guardian must cancel the registration of an instrument as a lasting power of attorney —
upon receipt of a notice mentioned in section 15(9)(a), if the Public Guardian is satisfied that the donor has taken such steps as are necessary in law to revoke the lasting power of attorney; or
on being satisfied that the power has been revoked —
as a result of the donor’s bankruptcy;
as a result of the donor’s death; or
on the occurrence of an event mentioned in section 15(5)(a), (b), (c) or (d).(2) If the Public Guardian cancels the registration of an instrument, the Public Guardian must notify —
the donor (except where sub‑paragraph (1)(b)(ii) applies); and
the donee (or if there is more than one donee, each of them).Direction by court to cancel registration
13. The court must direct the Public Guardian to cancel the registration of an instrument as a lasting power of attorney if the court —
determines under section 17(2)(a) that a requirement for creating the power was not met;
determines under section 17(2)(b) that the power has been revoked or has otherwise come to an end; or
revokes the power under section 17(4)(b) or (c).Circumstances for severance or cancellation14.—
Sub-paragraph (2) applies if the court determines under section 18(1) that a lasting power of attorney contains a provision which —
is ineffective as part of a lasting power of attorney; or
prevents the instrument from operating as a valid lasting power of attorney.(2) The court must —
notify the Public Guardian that it has severed the provision; or
direct the Public Guardian to cancel the registration of the instrument as a lasting power of attorney.Delivery of instrument on cancellation of registration
15. On the cancellation of the registration of an instrument that is not made using electronic means, any person who possesses all or any of the following documents must deliver them to the Public Guardian to be destroyed:
the instrument;
any copy of the instrument that has been certified by the Public Guardian under paragraph 11.Part 4RECORDS OF ALTERATIONS IN REGISTERED POWERSForms
16. A reference to a numbered form in paragraphs 17, 18 and 19 is a reference to the current version of the form bearing the corresponding number set out at the prescribed website or in the electronic transaction system.Partial revocation of power as a result of bankruptcy17.—
If in the case of a registered instrument that is in Form 1, it appears to the Public Guardian that under section 15 a lasting power of attorney is revoked in relation to the donor’s property and affairs (but not in relation to other matters), the Public Guardian must attach to the instrument a note to that effect.(2) If in the case of a registered instrument that is in Form 2, it appears to the Public Guardian that —
the donor is bankrupt; or
an event (other than an event mentioned in sub‑paragraph (a)) that is identified in the registered instrument in the manner required by Form 2 as one which would result in the revocation of a lasting power of attorney in relation to the donor’s property and affairs (but not in relation to other matters) has occurred,the Public Guardian must attach to the instrument a note stating this fact.Termination of appointment of donee which does not revoke power18.—
If in the case of a registered instrument that is in Form 1, it appears to the Public Guardian that an event has occurred —
which has terminated the appointment of a donee; but(b)which has not revoked the instrument,the Public Guardian must attach to the instrument a note to that effect.(2) If in the case of a registered instrument that is in Form 2, it appears to the Public Guardian that —
an event mentioned in section 15(5)(a), (b), (c) or (d) has occurred in relation to a donee; or
an event (other than an event mentioned in sub‑paragraph (a)) that is identified in the registered instrument in the manner required by Form 2 as one which would —
terminate the appointment of a donee; but(ii)not revoke the instrument,has occurred, the Public Guardian must attach to the instrument a note stating this fact.Replacement of donee19.—
If in the case of a registered instrument that is in Form 1, it appears to the Public Guardian that a donee has been replaced under the terms of the instrument, the Public Guardian must attach to the instrument a note to that effect.(2) If in the case of a registered instrument that is in Form 2 and that appoints one or more replacement donees, it appears to the Public Guardian that —
an event mentioned in section 15(5)(a), (b), (c) or (d) has occurred in relation to a donee; or
an event (other than an event mentioned in sub‑paragraph (a)) that is identified in the registered instrument in the manner required by Form 2 as one which would replace a donee under the terms of the instrument has occurred, the Public Guardian must attach to the instrument a note stating this fact.Severance of ineffective provisions
20. If in the case of a registered instrument, the court notifies the Public Guardian under paragraph 14(2)(a) that the court has severed a provision of the instrument, the Public Guardian must attach to the instrument a note to that effect.Delivery of instrument for attachment of note21.—
If the Public Guardian is required to attach a note to a registered instrument (that is not an electronic instrument) under paragraph 7(4), 17, 18, 19 or 20, any person who possesses all or any of the following documents must (if required by the Public Guardian) deliver them to the Public Guardian:
the instrument;
any copy of the instrument that has been certified by the Public Guardian under paragraph 11.(2) The Public Guardian may attach to the registered instrument, the note in any form and manner as the Public Guardian may determine (including in an electronic form and by electronic means).Notification of alterations
22. If the Public Guardian attaches a note to an instrument under paragraph 7(4), 17, 18, 19 or 20, the Public Guardian must give notice of the note to the donor and the donee or donees of the power (or, as the case may be, to the other donee or donees of the power).Part 5MISCELLANEOUSRecognition of electronic record
23. To avoid doubt —
a registered instrument under this Schedule;
a copy of a registered instrument given by the Public Guardian under this Schedule;
a copy of a registered instrument certified by the Public Guardian under this Schedule; or
a note attached to a registered instrument by the Public Guardian under this Schedule,is not to be denied legal effect, validity or enforceability solely on the ground that it is in the form of an electronic record.”.