What is the Lasting Power of Attorney (LPA)?
The Fatwa Committee has decided that the Lasting Power of Attorney (LPA) is a form of planning which is permissible under the Islamic law as it is in line with the objectives of the Shariah, which is to encourage Muslims to plan and prepare for their future. Moreover, there are legislative provisions are in accordance with the Islamic legal maxim of Sadd Zara'i (blocking any means which could lead or has the potential to lead to something unlawful or harmful) which would thus prevent any possibility of the done or the deputy abusing the authority given.
Yes, there are similar concepts in the Islamic traditions such as Wasiya, Wakalah and Wilayah. These three concepts are based on the Quranic verse: Which means: "... if the debtor is feeble-minded or weak or cannot dictate himself, then his guardian should dictate with fairness.." (Surah al-Baqarah, verse 282)
The donee can only make decisions based on the authority given by the donor, from his personal welfare or property and affairs matters, or both.
The donee, however, is not allowed to make decisions on consenting to marriage, divorce, child adoption, adopting or renouncing a religion, receiving treatment for change of gender, consenting or revoking consent to treatment for sexual sterilization or abortion, registering or withdrawing an objection regarding the removal of an organ, making or revoking an Advance Medical Directive (AMD). You can find out more on LPA at this link: https://www.msf.gov.sg/opg/Pages/Guides.aspx?ParentTag=Resources
In this case, the court has the power to prosecute any donee or deputy, and revoke their powers if necessary, should there be any allegations of abuse or ill-treatment towards the donor. This is to ensure that the welfare of the donor is not neglected or abused.
You may access the full fatwa text at the following link: