Estate Planning Guide · Lasting Power of Attorney
Most people sign Form 1 without understanding what they are giving away. Here is what both forms actually mean — with real examples to help you decide.
A Lasting Power of Attorney (LPA) lets you appoint someone you trust — your donee — to make decisions on your behalf if you lose mental capacity. But before you sign anything, there is a choice you need to make: Form 1 or Form 2.
The difference between them is not administrative. It is the difference between broad authority and precise intention. Getting this wrong can have consequences that last decades.
The Core Difference
Both forms cover the same two domains — personal welfare, and property & affairs. What differs is how much control you retain over how those powers are exercised.
Form 1 gives your donee broad, general authority over personal welfare and property & affairs. The scope is wide — your donee can act on your behalf across almost everything, without needing court approval for individual decisions.
A Form 1 LPA relies entirely on your donee knowing your values and intentions — not just holding your legal powers. If your wishes were never clearly communicated, decisions will be made based on the donee's judgement, not yours.
Form 2 allows you to define precisely what your donee can and cannot do. You can restrict powers to specific assets, require donees to act jointly, exclude certain properties, or add conditions that must be met before a power is exercised.
Form 2 translates your intentions into binding legal instructions. It reduces the risk of well-meaning decisions that contradict your wishes, minimises family disagreements, and gives every donee a clear mandate.
"Form 1 is a key. Form 2 is a key with a map. The difference is not which door it opens — it is how your donee knows where to go once they are inside."
At a Glance
| Consideration | Form 1 | Form 2 |
|---|---|---|
| Scope of powers | General and broad across all areas | You define exactly what is and is not included |
| Multiple donees | Allowed, but limited customisation of who decides what | Full control — different donees for different domains |
| Conditions and restrictions | Cannot be added | Can be built in — e.g. "donees must agree jointly before selling property" |
| Cost to set up | Lower — no lawyer needed for drafting | Higher — requires a lawyer to customise |
| Best for | Simple situations with a single trusted donee | Complex estates, multiple children, business interests |
| Risk if donee acts without full context | Higher — broad powers, less guidance | Lower — specific instructions reduce room for misinterpretation |
Which One Is For You
Neither form is universally better. The right choice depends on your specific circumstances. Use these as a starting point.
"Your LPA appoints the person who speaks for you. Your ACP tells them what to say."
Before You Draft Your LPA
Most people focus on choosing their donee — but overlook a document that determines whether that donee can actually do their job well. If your LPA grants personal welfare powers, your donee will be making healthcare and living decisions on your behalf. Without an ACP, they are doing so without knowing what you actually want.
The LPA appoints a donee and grants them legal authority to act. But it does not tell them what to do with that authority — especially when medical decisions are involved.
A personal welfare donee can consent to or refuse treatment, choose your care setting, and manage your daily wellbeing. All of this requires them to know your values, not just your signature.
An Advance Care Plan (ACP) documents your preferences for medical treatment — what interventions you would or would not want, your values around quality of life, and what a good death means to you.
When your personal welfare donee faces a difficult medical decision, the ACP gives them something to stand on. Without it, they are making their best guess — which may not be yours.
ACP Preparation Guide · Free Download
A complete guide to understanding what an Advance Care Plan is, the eight key questions it asks, and how to prepare yourself — and your family — for the conversation. Written in plain language, designed to be read before you meet your doctor.
Not Sure Which Form Suits You?
A 30-minute conversation is usually enough to determine which form fits your circumstances — and who your donee should be.
Speak with Pei Xian