This article is intended for readers in Singapore, Australia, South Korea, Taiwan, Japan, and Hong Kong. Please note that legal definitions, requirements, and procedures may differ across these jurisdictions.
Life can change unexpectedly. Imagine a scenario where you are involved in a car accident or suddenly fall ill. One moment, you are in full control of your decisions, and the next, you may find yourself unable to make them. In these situations, who would step in to make critical decisions on your behalf? What happens to your medical care, your finances, or daily needs?
Depending on your country or region, the legal document granting someone this authority is called either an Enduring Power of Attorney (EPA) or a Lasting Power of Attorney (LPA). Similarly, the person appointed to act on your behalf may be referred to as a “donee” or “attorney.” For simplicity, this article will primarily use the term “donee.”
An EPA offers a practical and effective tool to designate someone you trust to make decisions on your behalf should you become incapacitated. While many people remain unaware of its importance, an EPA (or LPA in Singapore) provides clarity and security during difficult times. Regardless of your age or health status, having an EPA or LPA ensures your future is managed according to your wishes.
The differences between an EPA (or LPA) and a will
Many people confuse an Enduring Power of Attorney (EPA) or Lasting Power of Attorney (LPA) with a will, but these two legal documents serve very different purposes.
Timing of activation
EPA (or LPA): An EPA/LPA is activated while you are alive, but unable to make decisions for yourself. It authorises someone you trust to make decisions about your healthcare, finances, and day-to-day living.
Will: A will only takes effect after your death. It specifies how your assets will be distributed and may include instructions about your funeral, but it has no authority while you are alive.
Scope of powers
EPA (or LPA): There are two main types of EPA/LPA:
- Property and financial affairs EPA/LPA: This authorises your donee to manage your finances, access bank accounts, pay bills, and handle other financial matters.
- Health and welfare EPA/LPA: This grants your donee the power to make decisions about your medical treatment, living arrangements, and overall personal care.
Will: A will appoints an executor to manage your estate after your death and outlines how your assets should be distributed.
In summary, the EPA or LPA is a living document designed to manage your affairs while you're alive but incapacitated, while a will governs the distribution of your estate after you have passed away.
Many people assume that an Lasting Power of Attorney (LPA) is only necessary in old age or during serious illness, but it’s just as important to have one in place while you’re still healthy, says Dr Ho, a psychiatrist. “We never know when our mental capacity might be affected—not just by dementia, but also by sudden events such as a stroke or brain injury. That’s why it’s important to create an LPA early, so you have the time to carefully consider and appoint someone you trust as your donee. Without an LPA, families often face the stressful and lengthy process of applying for deputyship during an already difficult period.”
Why is an EPA or LPA important for everyone?
It’s a common misconception that an EPA/LPA is only relevant for the elderly or those with known health issues. In reality:
- Accidents and sudden illnesses can affect anyone, regardless of age.
- Professionals, parents, and even young adults can benefit from having a trusted person legally empowered to act on their behalf.
- Planning ahead avoids placing unnecessary stress and legal burdens on loved ones.
The benefits of an EPA or LPA
An EPA/LPA provides more than just legal security; it offers several advantages:
Your donee will be legally bound to act in accordance with your instructions, ensuring that your life is managed according to your preferences.
Without an EPA/LPA, disagreements may arise between family members over who should make decisions for you. An EPA/LPA eliminates this potential conflict by clearly designating the responsible person.
A donee can manage your financial affairs, ensuring that your resources are used for your care and wellbeing, even when you cannot make those decisions yourself.
In a medical crisis where someone is unconscious or unable to communicate, certain healthcare decisions can only be made if an LPA is already in place. Donees can help make decisions when doctors present different treatment options, and they can give consent for elective surgeries or life-sustaining procedures, such as the use of feeding tubes. Without an appointed donee, these critical decisions may be delayed or fall into legal uncertainty, which can be time-consuming and distressing for loved ones during an already difficult time.
When does lawyer involvement become necessary?
While most decisions fall within what the donee is allowed to do, certain matters require legal assistance:
- Executing or amending wills: Donee can’t make or change your will; this requires a lawyer’s involvement.
- Complex property transactions: Some property sales or purchases may need legal review or conveyancing.
- Disputes or court applications: If there is a disagreement among donees, family, or third parties, a lawyer may be needed for mediation or court proceedings.
When someone is diagnosed with early-stage dementia, setting up an LPA early can be key to ensuring their future treatment preferences and personal wishes are respected, says Dr Ho. “While the individual still has the mental capacity to make decisions, they can appoint a trusted donee and clearly communicate their preferences, such as their views on life-sustaining treatments like feeding tubes, or where they would prefer to receive care.”
A dementia diagnosis doesn’t automatically mean the person lacks capacity to set up an LPA. Even with occasional memory lapses or fluctuating lucidity, individuals in the early stage often retain the ability to make informed decisions. Assessments are conducted during lucid moments and repeated across different occasions to ensure consistency. These additional steps require time and care, which is why early planning is so important.
“If the person is already showing significant memory decline and can no longer fully understand legal or care-related decisions, and an LPA hasn’t been set up, the family would need to apply to the court for a deputy to be appointed,” she explains. “This process takes longer, as the individual must first be certified to lack capacity, and a formal report must be submitted. Only then can they apply for a court-appointed deputy who can then make decisions in the person’s best interests.”
Duties and responsibilities of a donee
An appointed donee must:
- Act in your best interests at all times
- Follow any specific instructions or limitations you set
- Keep clear records of decisions and transactions
- Avoid conflicts of interest and not use your assets for personal gain
- Consult healthcare professionals or legal advisors when appropriate
For caregivers supporting someone with a chronic illness or disability, having an LPA in place can make a significant difference in the kind of medical support they can provide. Caregivers who are appointed as donees are legally authorised to make decisions on behalf of the individual, based on their understanding of the person’s previously communicated wishes and preferences. This helps reduce family conflict and prevents delays in treatment, ensuring care decisions are made smoothly and in line with what the individual would have wanted.
How do you create an EPA or LPA?
Setting up an EPA/LPA is easier than many think. Here’s a step-by-step guide to help you get started:
Select someone you trust to act on your behalf. This could be a family member, close friend, or a professional advisor.
Determine whether you want the EPA/LPA to cover health-related decisions, financial matters, or both.
Once you’ve completed the necessary forms, register the EPA/LPA with the appropriate authority in your country (e.g. the Office of the Public Guardian in Singapore). This ensures that your donee can step in to make decisions when needed.
You can review and amend the EPA/LPA as needed while you are still mentally capable, giving you ongoing control over your future planning.
When choosing a healthcare attorney, especially in situations involving sensitive family dynamics or complex medical preferences, it’s important to appoint someone you trust to act in your best interests, says Dr Ho. One option is to appoint more than one donee under the LPA, so that your preferences can be communicated clearly to both. This can help ensure your wishes are respected while also reducing the risk of conflict or misunderstandings among family members.
Can an appointed donee refuse the role?
Yes. A donee is not obligated to accept the role. If they choose to decline you can appoint alternate donees or substitutes to act on your behalf.
What happens if there are multiple donees?
If you appoint two or more donees under your EPA/LPA, you can specify how they are to act:
- Jointly: All donees must agree and act together on every decision.
- Severally: Each donee can act independently without needing consent from the others.
- Jointly and severally: Donees may act either together or independently, giving them flexibility to make decisions alone or as a group.
Life can be unpredictable, and an EPA or LPA offers a way to plan for the unexpected. Regardless of your age, it's a responsible step that ensures your wishes are respected, even if you're no longer able to express them yourself.
Taking a few simple steps now can give you confidence that decisions will be made by someone you trust when you can’t make them yourself. Setting up an EPA or LPA is an important part of planning ahead, providing peace of mind for you and your loved ones.
Dr Emily Ho CL
Director and Psychiatrist
Mind Care Clinic, Singapore
Facebook: Mind Care Clinic
This article was produced by Healthful For You. The views and opinions expressed throughout are those of the authors and do not necessarily reflect those of the Expert Contributor. The Expert Contributor has provided input solely for the EXPERT INSIGHT and TIP segments, based on their professional expertise. These comments are intended to offer general guidance and may not apply to all individuals. Any interpretations or conclusions beyond that section are those of Healthful For You. This article is not a substitute for personalised medical advice, diagnosis, or treatment. Please consult your doctor or a healthcare professional regarding your specific health needs.
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