Professional Deputies and Donees 

Without a Lasting Power of Attorney (LPA), your family members don’t automatically have the authority to make decisions on your behalf for personal welfare, healthcare, property, or financial matters. 

They might need to seek court approval to become your deputy — a process that can be stressful, time-consuming, and costly, and potentially lead to family conflicts. 

Mental capacity refers to an individual’s ability to make a specific decision at any given moment. It’s evaluated case by case and can't be assumed solely based on a medical condition or other external factors like age, appearance, or behaviour.  

Making an unwise decision does not necessarily mean that a person lacks mental capacity.

Someone might have capacity for certain decisions but not others. For instance, they could manage daily tasks like shopping but struggle with complex financial choices.  

Importantly, mental capacity can change over time, improving, deteriorating, or fluctuating unpredictably. 

An LPA donee is an authorised decision maker who manages your affairs in your best interests while you retain legal ownership of your assets. In contrast, a Trust Company assumes legal title of those assets and administers them in accordance to the terms set out in the Trust Deed.

When an individual is certified as mentally incapacitated, the donee(s) named in your LPA are activated and legally empowered to act according to the granted authority, whether for personal welfare, property and affairs, or both.  

These appointed donee(s) can make decisions concerning personal welfare and/or property and affairs. If this isn’t feasible, family members may have to apply to court for a deputyship order. 

A donee should be someone who is at least 21 years of age, trustworthy, reliable, and competent enough to make decisions for you. 

For personal welfare, you can only appoint an individual to make decisions for you.  

For property and affairs, you can appoint either an individual, or a licensed trust company as defined in the Trust Companies Act. 

You have the option to appoint a professional donee or professional deputy to carry out the duties as stipulated in the Mental Capacity Act for a chargeable fee. Our charges vary according to the individual case requirements. 

To uphold the highest standards of protection, all professional deputies and donees are required to complete a mandatory certification course. They must also meet stringent eligibility criteria, including maintaining a clean financial and legal record, with no history of bankruptcy or criminal proceedings involving financial dishonesty. In addition, registration with the Office of the Public Guardian (OPG) is required and must be renewed every two years.

TOUCH has a pool of OPG-registered professional donees and deputies who are experienced social workers. You can express your specific wishes with confidence, knowing your best interests always come first.

To get started, there is a non-refundable application fee. Once your application is approved, we charge a one-time setup fee and an annual fee for as long as you continue to manage your own affairs.

When a person becomes mentally incapacitated, the charges for the duties undertaken by the Professional Donees are tallied at an hourly rate.  

This is based on the powers given by the donor in the LPA and the hourly rate agreed upon at the point of engagement. 

Individuals may also refer to the list of PDD services on the OPG website to learn more.

• Working with a professional donee gives you peace of mind. They act as a neutral third party, providing structured oversight and consistent support. Guided by rigorous professional processes, you can rest assure that all decisions are made solely with your best interests and your long-term goals in mind.
• Professional donees are registered with the OPG. These individuals are required to take courses and sit for an examination to aid in the understanding of their roles and responsibilities. 
• Professional donees, such as lawyers, social workers, and accountants, offer reliable service as they are members of professional bodies and bound by their own codes of conduct and ethics.  
• They serve as neutral parties with no vested interests, as their role concludes upon the passing of the donor. 
• Professional donees take the time to understand the donor's wishes, preferences, and asset information before any loss of mental capacity. This ensures that they can act in the donor's best interests after incapacity. 
• A professional donee ensures that the donor need not burden their family members with this role and the responsibilities that come with it.  

Appointing a professional donee is simple. Follow these steps to get started:

Step 1: Connect & Apply

Contact us: WhatsApp or call 9653 1076.

Apply: Complete an interview-based application (non-refundable fee applies).

Confirm: Sign the Letter of Engagement once approved.

Step 2: Legal Setup

Submit: Send us your LPA form.

Certify: Finalise the document with a Certificate Issuer.

Step 3: Planning for the Future

Personalise: Meet your professional donee to discuss your wishes and preferences.

Peace of Mind: We conduct annual reviews with all our donors to ensure your plan always reflects your current needs.

We are committed to safeguarding your interests and giving you peace of mind through: 

1. Professional Supervision

Our professional deputies and donees are full-time employees of TOUCH. Their work is closely monitored and supervised at both the organisational level and by regulatory bodies, including the Office of the Public Guardian (OPG).

2. Strict Governance

We operate under the standards set by professional bodies. This means every decision made on your behalf must meet rigorous ethical and legal requirements.

3. Secure Infrastructure

Your information and instructions are protected by:

Centralised Record Systems: Ensuring all your wishes are accurately documented and easily accessible, when needed.

Reliable Backup Services: Safeguarding your data so that your LPA arrangements remain resilient and secure over the long term.

For further details, visit the OPG website.

The key difference lies in whether you are planning ahead or responding to an immediate need.

Professional Donee (Plan Ahead)

When: Appointed while you still have mental capacity.

How: You personally choose and appoint a professional donee through a Lasting Power of Attorney (LPA).

Benefit: You decide who will manage your affairs before any need arises, ensuring your preferences are clearly known and respected.

Professional Deputy (Reactive)

When: Appointed after someone has already lost mental capacity and does not have a Lasting Power of Attorney (LPA) in place.

How: The Court (Family Justice Courts) appoints a deputy. An application must be made to the Court, which will assess whether the applicant is suitable to act in the person’s best interests.

The Process: This is a formal legal process required because no prior instructions (like an LPA) were left behind. 

You can use either Form 1 or Form 2 to appoint a professional donee from TOUCH.

Unlike trust companies (which are restricted to Form 2), our professional donees are registered individuals. This gives you the flexibility to choose the form that best fits your needs. You can appoint us to manage:

• Personal Welfare (daily care and medical decisions)
• Property & Affairs (finances and assets)
• Both: Full coverage for personal and financial matters

Choosing the Right Form

No. It is important to understand that a professional donee’s legal authority ends immediately upon the donor’s death. As such, individuals needs to plan ahead by appointing someone they trust to manage their funeral arrangements and to execute their will. 

Any matters that occur after someone passes away are not covered under the Mental Capacity Act and the LPA. These include:

• Funeral Arrangements: Making final service plans.
• Executing a Will: Distributing your assets and estate.

How to prepare for these matters:

To ensure your final wishes are honored after your passing, we recommend having the following in place:

• A Valid Will: This allows you to appoint an Executor to manage your estate.
• Advance Care Plan (ACP): This can include your preferences for end-of-life care and funeral matters. 

It is natural to feel hesitant about appointing someone you do not know yet. At TOUCH, we build that trust through a combination of proven record, andrigorous clinical and legal standards.

The Strength of the Agency

Our professional donees don't act alone; they represent TOUCH Community Services.

• Proven Track Record: TOUCH is a multi-award-winning agency recognised for excellence in transparency and governance.
• Shared Values: Every donee is an employee who upholds our mission and values, ensuring you are treated with dignity and respect.

The Process of "Getting to Know You"

Our professional donees maintain regular contact with you while you still have mental capacity. This ensures they deeply understand your lifestyle, values, and specific wishes long before they ever need to step in.

How Decisions are Made (The Safeguards)

If your LPA is activated, your professional donee does not make decisions in a vacuum. Every choice is guided by:

• Your Stated Preferences: We follow your documented wishes.
• Collaborative Oversight: Decisions are reviewed by our pool of professional donees and experts.
• Expert Input: We consult legal, medical or financial professionals when specialised knowledge is required.
• Structured Checks: A rigorous governance framework ensures every decision is ethical and aligned with your best interests.

Our goal: To make the same choices you would have made for yourself if you still had the capacity to do so. 

Yes. A Will and a Lasting Power of Attorney (LPA) serve two completely different purposes at different stages of your life.

The Key Difference: Timing

• A Will takes effect after your death. It is used to distribute your assets to your beneficiaries and to appoint guardians for your children, if needed.
• A Lasting Power of Attorney (LPA) applies during your lifetime. It is an essential document that authorises someone you trust to manage your affairs and make medical decisions for you if you lose the mental capacity to do so yourself.

Why having both is important:

Without an LPA, having a Will does not protect you if you become seriously ill or incapacitated. If you lose mental capacity without an LPA in place:

• Your bank accounts could be suspended by the bank(s).
  
• Your family may need to apply for a Court-appointed deputy, which is a much longer and more expensive process.
• Decisions about your daily care and medical treatment may be made by a deputy appointed by the Court rather than by someone who knows your personal wishes.

ACP is a guided process designed to help you share your personal values and healthcare preferences with your loved ones and doctors.

It is important to make your healthcare preferences known. This is to cater for different medical scenarios that you may find yourself in.  

If you are above 21 years old, you can make an ACP regardless of your health condition and change it at any time. 

Making an ACP is one of the best ways to ensure your personal values are respected, even if you cannot speak for yourself.

Key reasons to start yours today include:

• Maintain Your Autonomy: It allows you to express your independence by making clear choices about your care preferences in advance, just in case you ever become unable to communicate your wishes.
• Faster Decision-Making: It enables the healthcare team to reach your Nominated Healthcare Spokesperson much faster during critical moments, ensuring medical decisions are made without unnecessary delays.
• Reduce Family Stress: By documenting your preferences clearly, you take the guesswork out of difficult situations, giving your loved ones the confidence to speak on your behalf. 

There are two ways to complete your ACP, depending on your comfort level with technology and whether you need professional guidance.

Route A: Apply on your own (Free)         

You can complete your own ACP for free via the My Legacy @ LifeSG portal. This is a great option if:

• You are tech-savvy and comfortable communicating in English.

• You and your appointed Spokespersons (NHS) have Singpass.• You have at least one Nominated Healthcare Spokesperson ready to be named.

Route B: With an ACP Facilitator

If you do not meet the criteria above or prefer a guided conversation, you can complete your ACP with a professional TOUCH Facilitator.

Follow these 5 steps to get started:

1. Connect: WhatsApp or call us at 9653 1076 to book an appointment.

2. Prepare: Submit a pre-discussion worksheet (Note: a non-refundable facilitation fee applies).

3. Discuss: Meet your Facilitator for a session (available via video call or in person) to explore your values and care goals.

4. Review & Sign: You and your Spokespersons (NHS) will review and sign the drafted ACP form.

5. Finalise: Your ACP Facilitator will handle the official upload and publication of your completed ACP in the National Electronics Health Record System (NEHR).