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A Lasting Power of Attorney (LPA) is a legal document that allows a person aged 21 or older, referred to as the ‘Donor’, to voluntarily appoint one or more trusted individuals, called ‘Donee(s)’, to make decisions on their behalf if they lose mental capacity in the future. LPAs are governed by the Mental Capacity Act 2008 and is a safeguard for individuals who may suffer from conditions like dementia, stroke, or brain injury. Donees can be given the authority to act in one or both of the following areas:
Individuals are encouraged to make an LPA as it gives them control and choice when they have mental capacity while also avoiding legal hassle.
Firstly, the LPA lets a person choose someone they trust to act in their best interests if they lose mental capacity. Next, it saves their family from having to apply to the court for a Deputyship Order, which is more complex and costly.
There are 2 types of LPA Forms available: Form 1 and Form 2. LPA Form 1 is most used in Singapore. This form grants Donees general powers with standard restrictions. LPA Form 2 is for those who require customised authority beyond the standard form. This form must be prepared by a lawyer.
Remember, LPA comes into effect only after the Donor loses mental capacity.