Over 40,000 Lasting Power of Attorney registrations expected in 2021 as Govt proposes online submission system

• The Government received more than 9,000 applications for Lasting Power of Attorney (LPAs) from January to March
• The Minstry of Social and Family Development expects more than 40,000 LPAs to be registered by year-end
• Proposed changes to the Mental Capacity Act to allow online LPA applications will cater for the increase in submissions

SINGAPORE — Between January and March, the Ministry of Social and Family Development (MSF) has seen more than 9,000 people appoint someone to make decisions on their behalf should they become mentally incapacitated. 

This is a more than three-fold jump from the number of applications filed in the whole of 2014.

Given the general upward trend in applications for a Lasting Power of Attorney (LPA) in recent years, the ministry said that it expects more than 40,000 LPAs to be registered by the end of this year.

On Monday (May 10), the Government tabled proposed changes to the Mental Capacity Act in Parliament to make it more convenient for those applying for an LPA. 

This includes setting up an online electronic system by the Office of the Public Guardian, so that LPAs can be registered online. 

The office is a division of MSF that protects the dignity and interests of individuals who lack mental capacity and are vulnerable, and encourages proactive planning for the loss of mental capacity.

The online system will cater to the higher volume of LPA applications, MSF said. 

There were 9,053 LPAs registered between January and March, compared with 2,681 for the whole of 2014, based on data by the ministry.

The number of registered LPAs rose from 12,031 in 2017 to 24,488 in 2019, before dipping to 21,552 last year.

Half of the individuals who applied for LPAs last year were aged between 50 and 69, while half the donees — persons appointed to make decisions on someone's behalf — were aged between 40 and 59 years old.

About nine in 10 donees are immediate family members, MSF said.

THE CHANGES

The proposed amendments, first reported in October, will slash the time to complete each application from the present three weeks to an average of eight working days.

This excludes the mandatory three-week waiting period, during which a person may withdraw his application and the person appointed to act on his behalf may raise objections.

LPAs made online require digital signatures. Unlike hardcopy LPAs, the only mode available now, online applications do not require individuals to physically affix wet-ink signatures and seals. 

The electronic copy of a registered LPA will also be treated as free from error if individuals do not notify the Office of the Public Guardian of any rectification within 90 days.

MSF said that the proposed changes would include an extra safeguard to ensure that individuals are not forced into applying for LPAs or appointing a particular person to act on their behalf. 

Should there be grounds to suspect this, the Public Guardian may interview the applicant and disclose the number of LPAs under which the prospective donee has already been appointed or intends to be appointed.

Ms Yeoh Chee Yan, chairperson of the Public Guardian advisory committee, said: "Even as the process is digitalised, it is reassuring that there will be safeguards in place to ensure that the integrity of the LPA-making process is not compromised, such as the authentication of identity through SingPass login and secured electronic signature.

"Further, retaining the requirement for the donor to meet with the certificate issuer in-person helps ensure that the donor independently understands the consequences of making an LPA."

Given that most individuals applying for LPAs might need help navigating the electronic system, MSF said that it would tap community touchpoints, such as citizen connect centres and the integrated public service centre at Our Tampines Hub, to help users through the process.

The Office of the Public Guardian will also partner social service agencies to help those who are less digitally savvy or need technical support. 

Monday’s proposed changes also introduce more support for deputies, who are appointed by the courts if an individual has lost capacity and has no LPA. 

Deputies will be able to apply for their deputy reports through the same online system.