Proposed changes to Mental Capacity Act will allow individuals to apply for a Lasting Power of Attorney online
SINGAPORE — Individuals who want to appoint someone to make decisions on their behalf should they lose their mental capacity, may be able to do so online in future.

Should a proposed change to the law be passed, the time needed to complete the process of filing a Lasting Power of Attorney will be reduced to an average of eight working days compared to three weeks now.
SINGAPORE — Individuals who want to appoint someone to make decisions on their behalf should they lose their mental capacity, may be able to do so online in future.
The Ministry of Social and Family Development (MSF) on Wednesday (Oct 28) said that it is proposing an amendment to the Mental Capacity Act to make it more convenient for those applying for a Lasting Power of Attorney (LPA) and support for deputies — who are appointed by the courts if the individual has lost capacity and has no LPA.
The proposed amendments to the law will allow LPAs to be applied, registered and amended electronically through the new Office of the Public Guardian Online electronic system.
Deputies will also be able to apply their deputy reports through the system.
MSF said that besides the convenience of online filing, the time needed to complete the process will be reduced to an average of eight working days compared to three weeks now.
However, the three-week mandatory waiting period after the LPA is accepted into the Office of the Public Guardian remains the same.
A public consultation on the proposed amendments will be carried out from Wednesday to Nov 18.
WHY IT MATTERS
Mr Masagos Zulkifli, Minister for Social and Family Development, said in a Facebook post said that Covid-19 has “made us more reflective about the uncertainties in life”.
“And such uncertainties are why it is important for all of us to consider putting in place a LPA, to ensure that there will be a trusted person to make decisions for us if and when we lose our mental capacity one day,” he wrote.
He added that while MSF has been working on this digital move before the pandemic struck, the crisis has shown why it is important that these transactions can be made online.
WHAT THE CHANGES ARE
The proposed amendment will make LPAs more convenient and reduce the number of steps to be taken, MSF said.
Right now, hardcopy LPAs require wet-ink signatures and seals to be physically affixed. Under the proposed amendments, electronic filing will do away with these requirements.
A prospective donee — the person appointed to make decisions on someone's behalf — and a replacement donee, if any, have to sign and seal the LPA in front of a witness. The process of needing a witness will also be removed to simplify the process.
The proposed amendments will enhance safeguards to better protect individuals planning to make an LPA. All parties will be kept informed through phone text messages or e-mail when an application is made digitally.
HELP TO MAKE APPLICATIONS ONLINE
MSF said that the Office of the Public Guardian will partner with community agencies to help those who are digitally less savvy or need technical support.
These agencies include the People’s Association and the Council for Third Age.
Members of the public may refer to details of the amendments at government feedback portal Reach and email their feedback on the proposed amendments to consultations [at] msf.gov.sg.