Ang Kim Lan Director Goodwins Law Corporation

Q I NEED to know more about 'enduring power of attorney'. If a person is not mentally capable of making a decision for himself due to some illness or accident, can someone be 'pre-assigned' to make decisions on his behalf through such a legal document?

Let's say a person who was seriously injured in a car accident had earlier written such a document to grant another person the right to make financial and personal decisions on his behalf.

(1) Is such a document legally recognised in Singapore?

(2) Is the assigned person allowed to operate the incapacitated person's bank accounts - perhaps to pay for his hospitalisation fees or to employ a maid to take care of him? If the answer is yes, what supporting documents will the bank require?

(3) Will the assigned person be allowed to decide the level of care required?

(4) Would having an enduring power of attorney be more useful or expeditious than applying to the courts, which I understand is the current procedure?

A AN ORDINARY power of attorney ceases to have effect when the donor of the power loses his mental capacity. Thus, the attorney appointed under the power of attorney would no longer be able to act on the donor's behalf - at just the moment when the power is most needed.

To rectify this problem in England, the enduring power of attorney was introduced by the Enduring Powers of Attorney Act 1985 as a means to allow the authority of the attorney to continue, notwithstanding the intervening lack of mental capacity on the part of the donor.

However, this extended power of attorney is not legally recognised in Singapore as there is no equivalent legislation here. In Singapore, family members have to apply to the courts to set up a committee to deal with the affairs of the mentally incapable person. Evidence of the incapacity must be provided to the courts and the services of a lawyer must be engaged.

Ang Kim Lan
Director
Goodwins Law Corporation

Advice provided in this column is not meant as a substitute for comprehensive professional advice. E-mail questions to lorna@sph.com.sg