What is an LPA?

A lasting power of attorney (LPA) is a legal document that enables the donor (a person at least 21 years of age) to appoint a trusted party, the donee, to make and act upon decisions on behalf of the donor in the event the donor loses their mental capacity.

 

What is an LPA?

An LPA ultimately serves to protect you and your loved ones from complications in the event that the sudden or the worst happens—you lose your capacity to make decisions concerning your welfare, finances and assets. With an LPA in place, loved ones (i.e donee(s)) will be able to swiftly make decisions in the best interests of the donor without having to wait out strenuous court processes. Additionally, you will have the choice to appoint a donee whom you trust. Without the LPA, someone else can claim the authority to make decisions on your behalf, but the risk remains that the person may not know what you need and act accordingly to your best interests.

How do I decide to be my donee?

Anyone above 21 years old can be a donee as long as they can be trusted to make decisions that are in the best interests of the donor. Often, donors select their next-of-kin, trusted family members or close friends to be their donees.

A donor can select multiple donees, but it must be decided whether the donees are to only make decisions unanimously (jointly), or if they are able to do it both jointly and severally—donees can make decisions together or separately. Replacement donees can be nominated for in the event the original donee has either: a) gone bankrupt, b) lost their own mental capacity, c) divorces the donor, d) does not wish to continue their appointment as donee.

What kind of decisions can the donee make on behalf of the donor?

• Personal Welfare decisions (e.g where you live, who you can be in contact with, healthcare and medical treatment related decisions)
• Property & Affairs decisions (e.g what to do with your property, paying household expenses, purchasing equipment/items that you may need)
• Donors can decide whether to grant the donee the power to make Personal Welfare decisions, Property & Affairs decisions, or both.

 

How do I make an LPA?

• Decide on the donee(s) and the type of decision powers the donee(s) will have. If there are two or more donees, decide whether decisions should be made jointly, or jointly and severally.
• Consult an LPA certificate issuer. An issuer is needed to complete the LPA form, ensuring that the donor has the mental capacity to make an LPA and understands its implications.
• Submit the following documents to the Office of the Public Guardian:

• LPA Form 1 or 2 (Form 2, if more than 2 donees/replacement donees are chosen, or want to grant customised powers to their donees beyond the two aforementioned decisions)
• Photocopies of the donor’s and donees’ identification documents

For any clarifications, do not hesitate to call us up for a non-obligatory consultation.