What is a Power of Attorney (“POA”)?

You can give someone the authority to act for you with a document called a Power of Attorney. If you give a POA, you are called the Donor and the person you give it to is called the Donee

What kinds of things may I authorise the Donee to do?

Many things that people do may be done through a Donee. Example: You may authorise the Donee to:

• manage your business or financial affairs;
• collect your debts;
• invest your money;

When does a POA take effect and how long does it last?

A Power of Attorney can be written to take effect immediately upon signing or contingent upon an event. A Power of Attorney can be written to last either for a limited period of time or indefinitely.

Can a Lasting Power of Attorney be used to allow the Donee to make health care decisions?

Yes.

Is a Lasting Power of Attorney an alternative to a guardianship?

A Lasting Power of Attorney is an alternative to guardianship only if it is given before you become mentally incapacitated. To give a Power of Attorney, you must have the mental capacity to understand what you are doing. Once you have lost that capacity, it is too late for you to give a Power of Attorney. At that point, a court will have to appoint a guardian for you, if there is a need.

Can a Power of Attorney be canceled?

Yes. This is called revoking the Power of Attorney. To revoke a Power of Attorney, you should give a signed written notice to the Donee and, if possible, to anyone who has been relying on the Power of Attorney

Do I need a lawyer to prepare a Power of Attorney?

There is no legal requirement that a Power of Attorney be prepared or reviewed by a lawyer. However, if you are going to give important powers to the Donee, it is wise to get individual legal advice before signing a complicated form. A person who signs a Power of Attorney without fully understanding what it means, and without considering risks and alternatives, is asking for trouble. If is easy to find a POA template online. However, the creation of a POA entails legal procedure and issues of law, one is advised to engage a lawyer in its drafting and signing.

Will I lose control of the property if I signing a Power of Attorney?

Signing a POA does not deprive you of control over your personal affairs.

Does my spouse automatically have the right act on my behalf without a Power of Attorney?

Your spouse does not automatically have your power of attorney over property that is in your name only.

How long can a POA last?

Under common law, a Power of Attorney can be written to last either for a limited period of time or indefinitely. However, for HDB POA, there is a maximum validity duration of 6 years of the POA under HDB guidelines.

HDB POA – Special Considerations.

HDB Flats
There are generally 3 standard formats of Power of Attorney approved by HDB. They are :-

1. Sale, Subletting & General Management
2. Purchase, Subletting & General Management
3. Subletting & General Management Only

Signing of Power of Attorney
The execution of your Power of Attorney must be done under seal in the presence of a Lawyer in Singapore. If you are executing the Power of Attorney overseas, it must be done before a Notary Public or Singapore Consulate Officer in that particular country. Your lawyer will then deposit a copy of the Power of Attorney at the Registry of the Supreme Court.

After a copy of the Power of Attorney is duly deposited at the Supreme Court, the lawyer will furnish a Letter of Confirmation addressed to HDB that the HDB's prescribed standard format is followed.

Other than a Power of Attorney, is there any document to sign?
Notwithstanding the Power of Attorney, you may be required to personally sign the necessary statutory declaration as required by HDB.

Time-Limit
Under the prescribed form by HDB, a Power Of Attorney can have a maximum validity of 6 years.

Can I revoke the Power of Attorney?
Yes you can. You may do so by executing a Revocation of Power of Attorney. Such revocation must be brought to the attention of the Donee/Attorney and HDB.

Being of Sound Mind. . .

A power of attorney is valid only if you are mentally competent when you sign it and, in some cases, incompetent when it goes into effect. If you think your mental capability may be questioned, have a doctor verify it in writing.

Can Too Many Donees Spoil the Broth?

While you can appoint multiple donees, decide whether these donees must act jointly or separately in making decisions. Multiple donees can ensure more sound decisions, acting as checks and balances against one another. The downside is that multiple donees can disagree and one person's schedule can potentially delay important transactions or signings of legal documents.

If you appoint only one Donee, have a backup. Donee can fall ill, be injured, or somehow be unable to serve when the time comes. A successor done takes over power of attorney duties from the original Donee, if needed.

Are you sure you can do a deed poll in five (5) minutes? How come other law firms need three days?

Yes it’s a very fast and simple process. A deed poll is a standard document where you insert the old name, the new name, the NRIC / Passport number and the address and can usually be done in less than five (5) minutes.
If you want to know why other law firms need three days, please call them.

I am a foreigner. Can I do a deed poll? Is it valid in my country?

Yes. Foreigners can make a Singapore deed poll for Singapore purposes such as blue NRIC, MOM work pass etc.

We have done thousands of deed polls for foreigners from all nations from India, China, Malaysia even as far away as Ghana.

Singapore deed polls are not valid in other countries and if you want to reflect the same name change you have to get a deed poll in your country e.g. A Malaysian must get a Malaysian deed poll to change his name in his Malaysian NRIC / passport.

I am divorced / single-parent / my spouse has died. Can I do a deed poll for my child with one parent signing only?

If you are a single mother or your husband has died or you are divorced, we can do a deed poll for your child with only one parent signing, but we suggest you bring the divorce papers or death certificate to ICA as proof.