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Notes for use
These notes accompany the template and explain the drafting choices, the compliance points and the mistakes most often made with this document. They appear as a final page in the Word file, intended to be deleted before the document is executed.
A power of attorney does not survive incapacity
This is the most consequential misunderstanding in the area. An ordinary power of attorney is revoked by the donor’s loss of mental capacity — the very moment families expect it to become useful. Planning for incapacity requires a **Lasting Power of Attorney** under the Mental Capacity Act, in a prescribed form, with a certificate issuer and registration with the Office of the Public Guardian. Once capacity is lost, neither can be made and an application to court for a deputy is the only route.
Deposit with the Supreme Court for land transactions
Where the attorney will deal with registered land, the instrument must be deposited with the Registry of the Supreme Court, and a certified true copy is what the land registry and counterparties will accept. Build the deposit into the timetable — discovering it at completion causes a delay nobody has budgeted for.
Draft to the purpose, never wider
A general power granted because it seemed simpler than drafting a specific one hands over control of everything the donor owns. Where the purpose is to sign one agreement while the donor is overseas, say that and nothing more. Breadth is the source of nearly all loss in this area.
State the exclusions expressly
Clause 3.2 prohibits gifts, self-dealing and borrowing. These are the acts most likely to cause harm and least likely to be contemplated when the power is granted. Naming them removes any argument that a wide general power impliedly permitted them.
Require separation of money and records
Clause 3.4 obliges the attorney to keep the donor’s money separate and to account. Mixing funds is how well-intentioned arrangements become impossible to unravel, and it is the point at which an honest attorney becomes unable to demonstrate their honesty.
Choose the attorney for trustworthiness
The instrument gives real power over real assets. Choose someone who would still act properly if circumstances changed and nobody was watching — not simply whoever is available and nearby.
Joint or joint and several
Two attorneys acting jointly must both sign, which is safer but can stall if one is unavailable. Acting jointly and severally is practical but means either can act alone. Decide expressly; silence produces argument at the worst time.
Revocation must reach third parties
Revoking as against the attorney is not enough. A third party dealing in good faith without notice of the revocation may still rely on the power. Notify the Registry where the power was deposited, and every bank, counterparty and authority holding a copy. This is why Clause 3 of the checklist tracks who has copies.
Keep a register of copies issued
Certified copies circulate — to banks, agents, registries and counterparties. Without a record of who holds one, effective revocation is impossible. A simple list maintained from day one solves it.
Corporate powers need a board resolution
Where a company grants a power of attorney, the board must resolve to do so and the constitution must permit it. A power executed without proper authority may not bind the company, and the counterparty will usually ask for the resolution.
Executed abroad? Notarise and legalise
A power executed outside Singapore will generally need notarisation and, depending on the country, legalisation or an apostille. Requirements vary by jurisdiction and take time. Start early.
Always put an end date
A power with no expiry survives the transaction it was created for, and is then forgotten. Clause 4.1 ties expiry to a date or to completion of the stated purpose. Diarise it, and revoke formally even where it has expired by its terms.
This is not a substitute for a delegation of authority
For routine internal authority — approving expenses, signing purchase orders, dealing with a bank within limits — a board resolution and a delegation of authority matrix are the right tools. A power of attorney is a heavier instrument aimed at third parties.
Execute as a deed, and witness it properly
Powers of attorney are executed as deeds, with the formalities that entails, including witnessing. Defective execution is discovered when the power is produced and rejected, which is invariably at a moment when time matters.
Current as of
Reflects Singapore law current as of {{DATE OF USE}}. Requirements for deposit with the Supreme Court, the Lasting Power of Attorney regime under the Mental Capacity Act, execution formalities, stamp duty and legalisation requirements all change — take legal advice before granting a power that covers property or substantial assets, and take advice separately on lasting powers.
This is a ready-to-use template provided for convenience. Laws and requirements change, and every situation is different — please have it reviewed by a qualified professional (a lawyer, corporate secretary, or accountant as relevant) before you rely on it.