How to Plan for Mental Incapacitation

Last updated on April 20, 2010

The Singapore government foresees that as the population ages, mental illnesses will have a larger impact on society. In anticipation of the conflicts that may occur when one becomes mentally incapacitated, the Mental Capacity Act has been introduced.

Thanks to the Mental Capacity Act, anyone above the age of 21 can choose a someone, known as a donee, to make decisions for him in case he becomes mentally incapacitated. This is done through a legal document known as a Lasting Power of Attorney (LPA). The LPA is not a will and does not detail the distribution of assets after the person in question has died. It simply details who will take care of welfare, and who will take care of the financial matters if the person loses his mental capacity.

The LPA is a very flexible document. Users can choose between Form 1, which gives the donee a wide range of powers and is suitable for husband and wife and Form 2, which allows for very specific distinctions. Form 2 has to be drafted by a lawyer.

The LPA has to be lodged with the Office of the Public Guardian under the Ministry of Community Development, Youth and Sports. The necessary forms and other information can be found on the Office of the Public Guardian website.

Inheritance

Estate Planning
  1. Plan Intergenerational Wealth With a Singapore Family Office
  2. 8 Tools You Must Know for Estate Planning in Singapore
  3. Guide to CPF Nominations & How to Make One In Singapore
  4. What Happens to Your Debts When You Die?
  5. Who Pays for the Mortgage Debts and Medical Bills After Death?
  6. Is Inheritance Tax Payable When You Die in Singapore?
  7. Is Stamp Duty Payable When Inheriting Property in Singapore?
  8. How to Donate your Assets to Charity
  9. Organ Donation in Singapore (under HOTA, or For Science)
  10. Finding Missing Persons in Singapore (or ‘Presumed Dead’)
Making a Will
  1. Making a Will in Singapore: What are the Formalities Involved?
  2. The Complete Guide to Making Your Will in Singapore
  3. Why Should You Make a Will?
  4. Checklist for Drafting a Comprehensive Will in Singapore
  5. Get An Affordable Will Made By Experienced Lawyers
  6. Choosing an Executor for Your Will in Singapore
  7. How to Prepare a Schedule of Assets for Your Will in Singapore
  8. Appointing a Guardian for Your Children in Your Will in Singapore
  9. What is a Mutual Will, Mirror Will and Joint Will?
  10. How to Give Away Overseas Assets in a Will in Singapore
  11. Can I Use My Will to Distribute Insurance Proceeds?
  12. Where Should You Store Your Will?
  13. How Can I Change My Will?
Preparing for Incapacity
  1. How to Plan for Mental Incapacitation
  2. Mental Capacity Assessment for LPAs and Wills
  3. Appointment of Deputies under the Mental Capacity Act
  4. How to Appoint a Deputy for Mentally Incapacitated Persons in Singapore
  5. Advance Medical Directives in Singapore
  6. Making a Lasting Power of Attorney in Singapore
  7. Revocation of a Lasting Power of Attorney
  8. Advance Care Planning in Singapore: Why and How to Get Started
Setting Up a Trust
  1. What is a Trust? Trust Law in Singapore
  2. Fiduciaries and Fiduciary Law in Singapore
  3. Setting Up a Discretionary Living Trust in Singapore
  4. Trust Protectors: Who are They & How to Appoint One in Singapore
Grant of Probate and Grant of Letters of Administration
  1. No Executor For Your Loved One's Will: What to Do
  2. What is Probate? Is It Needed If Your Loved One Passes Away?
  3. Can the Public Trustee Administer Your Loved One's Estate?
  4. How to Get a Copy of a Deceased's Will in Singapore
  5. Managing a Loved One's Estate After Their Death in Singapore
  6. Applying for a Grant of Probate in Singapore
  7. Intestacy: Applying for Letters of Administration in Singapore
  8. Obtaining a Fresh Grant of Probate and Resealing a Foreign Grant of Probate
  9. Comprehensive Guide to Probate Fees in Singapore
Distribution of Estate Assets
  1. Dispute with Executor of Will in Singapore: What to Do
  2. Bona Vacantia: Dying With No Will or Relatives in Singapore
  3. Who Gets the Joint Bank Account Monies if One Owner Dies?
  4. What Happens If You Die Without a Will in Singapore?
  5. An Executor’s Checklist to Executing a Will in Singapore
  6. What to Do If the Will Cannot be Found
  7. How to Contest a Will in Singapore (Grounds and Procedure)
  8. What Happens to the HDB Flat When One Owner Dies?
  9. How to Access the Bank Account of a Deceased Spouse
  10. What Happens to the Car When the Owner Passes Away?
  11. Simultaneous Death: How are Assets Distributed When Family Members Die at the Same Time?
  12. Can a half-brother be considered a next of kin? (when distributing the assets of the deceased)
  13. What happens to property when a deceased’s next-of-kin or named personal representative is uncontactable?
  14. What happens to residuary property not accounted for?
  15. What happens to a Singapore expatriate's assets when he passes on?
  16. What If a Beneficiary Dies Before Receiving His Inheritance?
  17. How Can Your Minor Beneficiaries Receive Their Inheritance?
  18. Unfair Maintenance: What Can Singapore's Law Do for You?
Muslim Inheritance Law
  1. Using Hibah for Muslim Estate Planning in Singapore
  2. Can Muslims Make Nuzriah (or Nazar) in Singapore and How?
  3. Muslim Probate: Guide to Inheritance Certificates in Singapore
  4. Muslim Inheritance Law in Singapore