What Should I Do if I or my Loved Ones Have Dementia?

Property Ownership & Trust DisputesMatrimonial & Family Law
Written By Wilbur Lua

In Singapore, 1 in 10 people above the age of 60 suffers from dementia. As our population ages, the number of people projected to be living with dementia is estimated to increase to 152,000 by 2030. [1]

A diagnosis of dementia can be a challenging and stressful experience for both the person with the condition and their caregivers, as the patient may lose the ability to make his or her own decisions over time. The patient and their family members can often be at a loss for what to do in such a situation.  Our Director Wilbur Lua and Associate James Tan share some pointers from a legal perspective.

Make and register your LPA early

A Lasting Power of Attorney (LPA) is a legal document you can execute to appoint one or more persons (known as “Donee(s)”) to make decisions to act on your behalf in the event you lose mental capacity.

An LPA will allow you to appoint a trusted person to make decisions on your behalf should you lose mental capacity one day, and also alleviate the stress and difficulties faced by your loved ones who may need to apply for a Deputyship Order if you lose mental capacity without an LPA in place.

While it may still be possible to execute an LPA after a diagnosis of dementia (if you still have the mental capacity to do so), the risk of legal challenges to the validity of your LPA is higher if your mental capacity is already compromised when you execute your LPA. As such, do not wait until a diagnosis of dementia before rushing to make your LPA.

With the establishment of an online portal by the Office of the Public Guardian, applications for an LPA are now an even simpler and fuss-free process. LPA registration fees (normally $75) are also presently waived by the Office of the Public Guardian until 31 March 2026. For more information on making an LPA, please visit the Office of the Public Guardian website at: https://opg-eservice.msf.gov.sg/.

Make your Will early

Dementia may also affect your testamentary capacity (i.e. the legal and mental ability to make or alter a valid will, which includes understanding the effect of a will).

As such, it is also a good idea to plan for and make your Will early, while you are still healthy.

While you do not need a lawyer to write your Will, consulting a lawyer will give you the peace of mind that your intentions are accurately reflected in your Will, and that the legal requirements of making your Will are properly complied with.

Can I still execute a Will or LPA if I have dementia?

If you have been diagnosed with dementia but have not executed an LPA or made your Will, it may still be possible for you to do so if have sufficient mental capacity to do so.

In such a situation, it is best to consult a lawyer for advice on whether you are still mentally competent to execute your LPA and Will, and if so, what steps you should take so that your donees and beneficiaries will be able to satisfy the Court that you had sufficient mental capacity to make your LPA and Will, in the event of any legal challenge.

What should I do if my loved one has lost mental capacity but had not made his LPA or does not have a validly registered LPA?

In such a situation, you will need to make an application to the Court under the Mental Capacity Act 2008 (“MCA”) to be appointed as a Deputy for your loved one to make decisions on behalf of him/her with respect to his/her personal welfare and property and affairs.

You will usually need to seek the consent of or serve the court application on your loved one’s family members, or other persons interested in his/her welfare. This is because there may be more than one person who is willing and able to be appointed as the person’s Deputy, and in the absence of a validly registered LPA, the Court will have to determine who is best suited to be appointed as Deputy.

Even if your loved one had verbally entrusted his/her affairs to you after he or she learned about the diagnosis of dementia, in the absence of a validly registered LPA, you will still need to be appointed as a Deputy by the Court before you have the legal authority to make decisions on his/her behalf.

However, under the Mental Capacity Act, if you incur expenditure for necessary goods or services required for the care or treatment of the person who has lost mental capacity, it is lawful for you to seek reimbursement for such necessary goods and expenses from the person. [2] You should keep proper records of all such expenses.

What should I do if I am a donee and my loved one has been diagnosed with dementia?

Before making any decisions on behalf of your loved ones, it is important to first ascertain if your loved one has lost the capacity to make his or her own decisions.

A diagnosis of dementia is not equivalent to a loss of mental capacity. In the same vein, a person may still retain the mental capacity to make simple decisions, even if he/she loses the capacity to make more complex decisions.

As such, as a donee, you should only make a decision on behalf of your loved one if you are satisfied that your loved one does not have the capacity to make the decision. When making the decision, you must make it based on the best interests of the donor, which entails consideration of the following:

(i)               The person’s past and present wishes and feelings

(ii)              The beliefs and values that would be likely to influence his or her decision if the person had capacity and

(iii)            The other factors that the person would be likely to consider if the person were able to do so.

You should also rely on medical advice, where appropriate, to assist you in making decisions in the best interests of your donor.

Safeguarding the legal interests of persons with dementia is just as important as caring for their day-to-day needs. If you wish to seek legal advice on LPAs, wills, making a deputyship application, probate, or related matters, you may contact us at info@covenantchambers.com.

References:

[1] https://www.healthhub.sg/programmes/160/AAP/dementia

[2] See Section 9 and 10 of the Mental Capacity Act 2008 here: https://sso.agc.gov.sg/Act/MCA2008#pr9-

Wilbur Lua

Wilbur graduated from the National University of Singapore’s double-degree programme in 2014 with a First Class Honours in Economics and a Second Class (Upper) Honours in Law.

He commenced his legal career in 2014 as State Counsel in the Attorney-General’s Chambers. During that time, Wilbur was part of a team of lawyers in the Civil Division who advised and represented the Government on domestic law issues. The work Wilbur was involved in during this stint covered a wide spectrum of areas ranging from land acquisition appeals and judicial review applications to data protection and public sector procurement.

In 2018, Wilbur felt a call to enter the private sector and use his legal knowledge and skills to serve and make a difference in the lives of individuals. He found his place at Covenant Chambers LLC, a firm with a strong commitment to improving access to justice. Since then, Wilbur has been building and establishing his practice to serve people in need of quality advice and representation at an affordable rate.

Wilbur has a passion for teaching and he invests in the next generation of lawyers in Singapore by teaching at the National University of Singapore as an instructor in the Legal Analysis, Research and Communications course.

Wilbur also actively engages in pro bono work and volunteers at the Charis Legal Clinic during his free time.

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