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Consent and Signatures in the Fog: Proving mental capacity in LPA execution

04 Feb 2026

XKG v XKF [2025] SGHCF 66 is an appeal heard by the General Division of the High Court (Family Division) (“Appellate Court”) concerning the validity of a Lasting Power of Attorney (“LPA”) made by an 87 year old lady (“P”) when she was suffering from moderate dementia. P’s son was not involved in the process of P’s execution of the LPA; instead, P’s 91 year old brother and his son who resided in the United States made the arrangements for P to execute the LPA in which they were appointed as P’s donee and replacement donee respectively.
 
The Appellate Court upheld the decision that P lacked the requisite mental capacity to execute the LPA as P could not appreciate what an LPA was, could not understand how the LPA related to her own circumstances, and could not grasp the consequences of executing the LPA. Directors Hoon Shu Mei and Hu Huimin discuss the legal test on the mental capacity required to execute an LPA in this update.

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