Lasting Power of Attorney (LPA) certification is an important legal document that allows individuals to appoint someone they trust to make decisions on their behalf if they become unable to do so themselves.
In Singapore, LPA certification is governed by the Mental Capacity Act (MCA) and is an important tool for families to ensure that their loved ones’ affairs are managed in the way they would want. In this article, we will provide a guide to LPA certification for families.
What is LPA Certification?
LPA certification is a legal document that allows an individual (the “donor”) to appoint one or more persons (the “donee(s)”) to make decisions on their behalf if they become unable to do so themselves. This can include decisions about their personal welfare, property, and affairs.
There are two types of LPA certification in Singapore: Property and Affairs LPA and Personal Welfare LPA. The former allows donees to make decisions about the donor’s property and affairs, while the latter allows donees to make decisions about the donor’s personal welfare.
Who Can Make an LPA?
Anyone over the age of 21 who has mental capacity can make an LPA in Singapore. It is important to make an LPA before you lose mental capacity, as it cannot be made once you have lost capacity.
Who Can Be Appointed as a Donee?
A donee can be anyone over the age of 21 who has mental capacity. It is important to choose someone who you trust to act in your best interests and who is willing to take on the responsibility.
What are the Responsibilities of a Donee?
A donee has a legal duty to act in the best interests of the donor and make decisions in accordance with their wishes. They must also follow any instructions or restrictions set out in the LPA.
Donees must keep accurate records of any decisions they make and any expenses they incur on behalf of the donor. They must also keep the donor’s affairs confidential and not disclose any information without the donor’s consent.
What Happens if There is No LPA in Place?
If there is no LPA in place and an individual loses mental capacity in Singapore, it does not mean that their family members have the legal authority to make decisions on the individual’s behalf. They will need to apply to court to be appointed as the deputy so that they can legally make decisions on the individual’s behalf. This is a time-consuming and costly process.
It is therefore important to make an LPA to ensure that your affairs are managed in the way you would want and to avoid any unnecessary stress or burden on your loved ones.
How to Get an LPA Certification
To get an LPA certification, you must complete the relevant forms and register them with the Office of the Public Guardian (OPG). The forms can be obtained from the OPG website or from a solicitor.
The forms must be signed by the donor, the donees, and any witnesses. The donor must also have mental capacity at the time of signing.
Once the forms are completed and signed, they must be registered with the OPG. There is a fee for registration, but this can be waived or reduced in certain circumstances.
It is important to keep the LPA in Singapore up to date and review it regularly to ensure that it still reflects your wishes and circumstances. Changes can be made by completing a new form and registering it with the OPG.
Conclusion
LPA certification is an important legal document that allows individuals to appoint someone they trust to make decisions on their behalf if they become unable to do so themselves. It is important to make an LPA before you lose mental capacity to ensure that your affairs are managed in the way you would want and to avoid any unnecessary stress or burden on your loved ones.
If you are considering making an LPA certification in Singapore, it is recommended that you seek professional advice from a solicitor or other legal expert. They can provide guidance on the process and ensure that the LPA is legally valid and reflects your wishes.
