LASTING POWER OF ATTORNEY
What Is Lasting Power Of Attorney ( “LPA” ) ?
Lasting Power of Attorney or LPA is a legal instrument to allow another (“your donee”) to act on your behalf in the event that you lose the mental capacity to make your own decisions in the future. This allows you, as a Donor, to make a considered choice as to who your Donee should be.
There are two LPA forms available from the website of the Office of the Public Guardian. Form 1 is a simplified form that may be filled in by yourself, while Form 2 will require drafting by lawyers.
If you wish to make an LPA and appoint someone to act as your donee, kindly fix an appointment at any of our 12 island-wide branches for a free 15-minute consultation. Our lawyers at Hoh Law Corporation will provide you with professional assistance, and will advise you on which form you will need to fill in.
Powers Of The Donee In An LPA
The powers to your Donee under an LPA are only activated when the Donor loses mental capacity and not at the time of execution of the LPA.
An LPA enables the Donee to have powers in relation to 2 major aspects on behalf of the Donor, namely: personal welfare as well as property & affairs matters.
Requirements Of LPA
The requirements for making an LPA are :
- You must be at least 21 years old
- You must have the mental capacity to make the LPA
- You must not be an undischarged bankrupt if you wish to make an LPA for property & affairs matters
How do I become a deputy?
A deputy is appointed by the Court to make decisions on behalf of a person who lacks mental capacity if that person has not made a Lasting Power of Attorney and has no deputy to act on his behalf. An application may be made to the court for someone to be appointed deputy under the Mental Capacity Act (MCA).
How Law Corporation is experienced in filing MCA applications with the Family Justice Courts. Please refer to our guide to MCA Applications to find out more.
What should I bring for my first consultation?
If you have made an appointment for a consultation with our lawyers, kindly ensure you bring the following documents with you:
1. NRIC of Client and donee (s) and substitute donees;
2. (if a HDB Flat or Property is involved) The title deeds to confirm whether the title is held in joint tenancy or tenancy in common;
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