LASTING POWER OF ATTORNEY (LPA)
A Lasting Power of Attorney (LPA) is a crucial legal document that enables you (the “donor“) to appoint one or more trusted individuals (the “donee(s)“) to make decisions on your behalf if you lose mental capacity in the future. These decisions can pertain to two critical areas: (1) Personal Welfare and (2) Property and Affairs.
Why Should You Apply for a Lasting Power of Attorney?
Without a Lasting Power of Attorney, your loved ones may need to apply for a court order under the Mental Capacity Act through the Family Court of Singapore to be appointed as your “deputy.” This process can be both time-consuming and costly, potentially adding stress during an already difficult time.
Your appointed donees are legally obligated to act in your best interests. This includes considering your views when you were mentally competent and respecting your wishes and feelings even after you have lost capacity. The concept of “best interests” is further detailed in Section 6 of Singapore’s Mental Capacity Act, Chapter 177A.
At GJC Law, our experienced solicitors can provide expert guidance on Lasting Powers of Attorney and help you draft the necessary legal documents to ensure your wishes are respected.
You can only set up a Lasting Power of Attorney while you still have the mental capacity to execute it. Once you’ve lost capacity, it’s too late.
Power of Attorney: Comparing LPA and Deputyship
If you have an LPA in place, your donee will automatically be authorized to make decisions on your behalf if you lose mental capacity, without needing to go through additional formalities—unless their authority is challenged.
This significantly simplifies the process for your loved ones, sparing them the need to apply for deputyship through the courts, which can be a lengthy and complicated procedure.
Understanding the Two Types of LPA Forms
Form 1: This form is primarily composed of checkboxes, allowing you to grant general powers to your donees with the option to include basic conditions or restrictions. It’s designed to be self-completed for those with straightforward needs.
Form 2: This form offers greater flexibility and customization, with free text spaces where you can specify particular powers according to your unique requirements. Due to its complexity, Form 2 must be drafted by a lawyer.
Remember: It’s never too early to consider making a Lasting Power of Attorney. If you or a loved one is diagnosed with a condition that could lead to a loss of mental capacity, it’s essential to consider who you trust to make decisions on your behalf.
Benefits of an LPA
Personalized Decision-Making: An LPA allows you to personally select a trusted individual to act as your proxy decision-maker, someone you know is reliable and capable of acting in your best interests should you lose mental capacity.
Reducing Stress for Loved Ones: Having an LPA in place alleviates the emotional and financial burden on your loved ones by removing the need for them to apply for a Deputyship order if you become incapacitated.
Advance Care Planning: We also encourage you to make an Advance Care Plan (ACP) and appoint your Donee as your Nominated Healthcare Spokesperson. This ensures that your healthcare wishes are clearly communicated and respected. More information is available on the ACP website.
GJC Law: Power of Attorney Matters
At GJC Law, we are committed to helping you navigate the complexities of creating a Lasting Power of Attorney. Our services include:
Comprehensive Guidance: We will thoroughly explain the nature and implications of an LPA, ensuring you understand how it works and the benefits it offers.
Tailored Documentation: Our solicitors will work closely with you to draft an LPA document that accurately reflects your specific wishes, whether you need the straightforward options provided by Form 1 or the customized approach offered by Form 2.
Peace of Mind: By working with GJC Law, you can be confident that your LPA will be properly prepared, giving you and your loved one’s peace of mind knowing that your affairs will be handled according to your wishes.
Contact us today to arrange a consultation and take the first step in securing your future with a Lasting Power of Attorney.
