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Hi, you will have to see the LPA capacity, but it might be possible to do so, best to check with a lawyer .

Hi, hopefully you managed to get your doubt or query answered. If so, then congrats! Hopefully you are doing well now.

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Landon Chew
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Being separated, does it mean that they have not officially divorced? Is the wife a co-owner of the property? As LPA donee, you will need to look into the context of the LPA to know if you are able to purchase a unit on behalf of him, provided that he is also eligible to own a 3 room flat in his name after the sale of the 5 room unit.

I have been in the real estate business since 2009, with more than 14 years of experience serving the Singapore real estate market.

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Important Considerations:

LPA Limitations: While you have LPA, there might be restrictions on selling assets like property. Review the specific powers granted in the LPA document.
HDB Approval: Selling an HDB flat and buying another one on behalf of an incapacitated person requires approval from HDB.
Steps to Take:

Review LPA: Double-check the LPA document to ensure it grants you the authority to sell property on your brother's behalf.

Contact HDB: Get in touch with HDB's Estate Administration department to understand the process and requirements for selling an incapacitated person's flat and purchasing a new one. They can be reached at 6100 1000  or through their e-Service at https://www.hdb.gov.sg/.

Supporting Documents: HDB might require documents like medical reports certifying your brother's incapacity, the LPA document, and ownership documents of the current flat.

Additional Considerations:

Reason for Downsizing: Be prepared to explain the reason behind downsizing to a smaller flat (e.g., financial reasons, easier management).

Spouse's Rights: While your brother and his wife are separated, it's advisable to consult a lawyer if they haven't formally divorced. Her consent might be required depending on the circumstances.

Long-Term Plan: Consider your brother's future needs and whether a 3-room flat will be suitable in the long run.

By following these steps and seeking professional advice if necessary, you can increase your chances of successfully completing the property transaction on your brother's behalf.
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Sorry to hear about the news. You may have to look into the contents of the LPA to see if you are able to do the transactions on his behalf. Is the wife a co-owner of the flat as well?

Hope the above clarifies. I am well-versed with HDB and private property transactions, having helped more than 100 homeowners transit smoothly with their housing plans. Please reach out to me at 97432395  for a more in-depth discussion :)

May I have more info on your requirements so as to make better recommendations? Thanks and looking forward to chat more

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Hi,

I would be most glad to assist you further and pls feel free to let me know if you need any assistance. Have a good day ahead. By the way, this case can be tricky and is the wife also a co owner of the flat? For legal issue, you could bring the legal document and to seek the advice of the HDB branch manager of the estate or speak with a lawyer.

Regards
Aaron Chong
 9730 8455 
aaronchong2774@yahoo.com.sg Read More

Hi, appreciate your sharing. Best to check with HDB,
Looking forward to assist you at 9696 4398  or email me at stewartlim96964398@gmail.com

Cheers
Stewart-PropNex (Senior Associate Division Director) Read More

I would be glad to assist you.
Feel free to contact me at wa.me/6597100155 .
Hope to hear from you soon.
Pei
Mobile: (65) 9 7 1 0 0 1 5 5.
Email: peicheng.tan@propnex.com
Associate Group Director
Propnex Realty Pte Ltd

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