Durable Power of Attorney application process to be digitized under the proposed changes



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SINGAPORE: A proposed amendment that would digitize the development of a Durable Power of Attorney (LPA) could reduce the wait time required to register an LPA from an average of three weeks to an average of eight business days, excluding a mandatory three-week wait. period.

An LPA allows a designated person to make medical and financial decisions on behalf of another person in the event that they lose mental capacity.

The Ministry of Social and Family Development (MSF) proposes to amend the Mental Capacity Law (MCA) to allow LPAs to be made and recorded electronically.

This would be done through a new system called the Public Guardian Office online electronic system.

Singaporeans would no longer need to print and send paper documents, or physically paste their signatures and stamps with wet ink, steps that are currently required for printed LPA deeds.

A public consultation on the proposed changes will take place from Wednesday through November 18.

MPs would also be able to submit their MP reports online through the same system, providing information to newly appointed MPs to better understand their roles and responsibilities.

A deputy is an individual or a court-appointed authorized trust company to make certain decisions on behalf of a person who lacks mental capacity when the person has not made an LPA and does not have a grantee to decide on their behalf regarding those decisions.

EASIER AND FASTER APPLICATION PROCESS

If approved, the proposed amendments would further reduce the time required for the LPA process.

In August, changes were made to halve the mandatory waiting period before an LPA can be registered from six weeks to three.

The latest changes, if approved, mean that an LPA could be registered in just eight business days, excluding the mandatory waiting period. Under the current system, MSF said it could take more than three weeks (excluding the mandatory waiting period) for an LPA to register.

READ: Faster and Easier Application Process for Permanent Power of Attorney Starting August

ELECTRONIC COPY OF LPA

Under the proposed changes announced Wednesday, MSF said that an electronic copy of an LPA would be treated as the LPA.

The proposed changes would also allow updates to an LPA to be made on this electronic copy, and “to prevail in the event of any inconsistencies with a printed version,” MSF said.

This electronic copy would be kept by the Office of the Public Guardian and would become the most current version.

READ: Comment: Your spouse or your parents? Who should decide when to withdraw life support?

“This will give third parties greater confidence in transactions with grantees (a person designated to make medical and financial decisions on your behalf in the event you lose mental capacity), as they will receive the most up-to-date electronic copy of the LPA “. MSF said.

The Office of the Public Guardian will partner with government and community agencies to help those who may be less digitally literate or in need of technical support, MSF said.

MSF said it expects around 30,000 LPAs to be recorded a year, based on pre-COVID-19 trends. The ministry added that the new system will be designed to meet the growing volume of LPA.

The S $ 75 application fee for a standard LPA made by Singapore citizens is currently waived until March 2021. Known as LPA Form 1, this allows donors to grant grantees general powers of attorney with basic restrictions.

A more personalized version (LPA Form 2), which must be written by a lawyer, costs S $ 200 for Singaporeans.

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