Mr Saktiandi Supaat asked the Minister for Social and Family Development in view of the potential conflicts and legal disputes that may arise between a Singapore Lasting Power of Attorney (LPA) and an equivalent instrument executed in a foreign jurisdiction (a) whether the current legislation requires an LPA certificate issuer to enquire if a donor has previously executed a LPA or a similar instrument in a foreign jurisdiction; and (b) if not, whether such a requirement can be considered as part of the legislation.
Answer
The Mental Capacity Act and Mental Capacity Regulations do not require Lasting Power of Attorney Certificate Issuers (LPA CIs) to enquire if a Donor has previously executed a foreign LPA or an equivalent instrument. We do not expect such scenarios to be common for the vast majority of donors in Singapore, and are mindful to keep the process simple and not cater for rare situations. Nevertheless, we note the suggestion raised by the Member and will take it into consideration when the legislation is next reviewed.