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Learn more about Power of Attorney in Singapore

Power of Attorney is one of the most commonly requested kind of delegation of authority in Singapore. The Power of Attorney (POA) is unique to Singapore and is used for a specialized or limited purpose. If you want to buy or sell a flat in Singapore, you must adhere to particular details at various phases of the process. This includes signing documents such as an option to purchase, a lease-in-escrow, a lease agreement, and an assignment deed. If you are unable to attend to any of the matters directly, a POA must be signed. For example, if you are purchasing a Housing and Development Board flat and are unable to attend the appointment to sign the Sales Agreement or collect the keys to the flat, or both, you must prepare a POA. If, on the other hand, you are reselling an apartment and are unable to personally attend any matter relating to the sale of the property, you must also execute the POA.

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What you need to know about the power of attorney?

1. It is recommended that you obtain the POA before leaving the country if you are traveling abroad.
2. Certain documents must be signed personally by you and cannot be signed by the person who holds the POA. These documents are as follows:

➤ Application form
➤ Statutory Declarations, which you will sign in front of a Notary Public or an Oath Commissioner
➤ Any Undertakings

Once the Lease and Mortgage Documents have been registered with the Singapore Land Authority, HDB will return to your lawyer the original Power of Attorney or the certified true copy of the documents issued by the High Court.
The Housing and Development Board, on the other hand, would keep the certified copies of the POA Document.
To get started, download and complete the POA Form.
We can also assist you in preparing the POA if you are located outside of the United States.
Please keep the following in mind when making an international request:

➤ You must sign the POA in front of a Notary Public or a Consular Officer
➤ The POA document can be emailed to you, and you must print it on white or ledger paper only
➤ You will be responsible for paying the courier fees to return the original signed and stamped POA documents to us from your foreign address
➤ You are free to use any courier company you like to return the POA to us
➤ You can make a payment to our bank account via telegraphic bank transfer

If you are considering obtaining a power of attorney, you should thoroughly grasp what it entails. In general, it is a legal necessity that you be in a competent and normal state of mind when obtaining a POA or naming someone as your donee. When you do so, however, it may be difficult to demonstrate that you are ill. It would be prudent to obtain that paperwork even if you are in good health and do not anticipate any events that would render you incapable to manage your affairs.
There are a number of frequently asked questions about this topic. It would be prudent to become better acquainted with power of attorney in order to properly comprehend how it might be of most benefit to you.

Is it necessary to appoint an attorney?

The agent is sometimes known as the attorney-in-fact. As your agent, you could appoint a lawyer. It is not, however, required. In fact, you could appoint anyone (of legal age) as your attorney-in-fact. The legal paperwork should explicitly specify the appointment and authority (a power of attorney is actually a legally effective document).

How is a power of attorney established?

You must completely fill out a power of attorney form. It should identify you as the principle and the agent you are selecting to take over your affairs if you are unable to do so. Of course, your appointed agent must agree to accept the authority you are granting. A lawyer or a notary public should witness the document. When doing the provisions or content of the instrument for the enduring power of attorney, you should get advice from your private lawyer.

Is it possible to make a POA if I get mentally incapacitated?

This is not possible in any manner. As previously stated, it is a legal requirement that you completely understand what you are signing in order for the document to take full effect. It is recommended that you create a power of attorney even if you do not feel ill or do not anticipate any occurrence that would render your mental state incapacitated. It’s always a good idea to be prepared.

Could the power of attorney be revoked?

Of course, it could be revoked, especially if you are no longer satisfied with the level of service or performance provided by your agent. Remember that you have the right to cancel any authority you grant someone through a power of attorney at any time. You should complete a revocation form and disseminate copies to all organizations and agencies that may be involved in transactions, such as hospitals and banks. Your agent should also receive a written copy of the revocation.

In terms of the lasting power of attorney, you have two options. To begin, you may execute a new durable power of attorney, naming a new individual as your attorney-in-fact or agent. Second, you could elect to handle everything on your own.

How to choose a person for your power of attorney?

When you obtain a power of attorney to authorize someone else to carry out your choices in the event that you are unable to do so, you must identify the appropriate person to whom the authority will be delegated. As the principal, you must identify your agent or attorney-in-fact. He or she isn’t required to be a lawyer. The agent might be almost anyone. However, you must exercise extreme caution when selecting a Person (Donee or Agent) for your power of attorney.

The agent you choose for your power of attorney will be given certain obligations and duties. Above all, the individual should always behave in your best interests. This means that the agent you choose should always intend to carry out your instructions. He or she should be referred to as a ‘fiduciary.’ As a result, that individual must always operate in the best possible faith on your behalf.

Even if he or she is expected to make decisions for you, your agent is still free to do anything he or she wants. The person is required by law to use your money and assets solely for your advantage. However, he or she may freely commit a number of inappropriate behaviors with relation to your money. That is why it is critical to select and designate someone in whom you have complete faith. You should not appoint just anybody.

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