fbpx

WHAT IS A LASTING POWER OF ATTORNEY

A Lasting Power of Attorney (LPA) is a legal document that allows a donor, who is a person of at least 21 years of age and who has the mental capacity to voluntarily appoint one or more persons (donees) to make decisions and act on his behalf for either personal welfare or property and affairs matters when the donor lacks the mental capacity to do.

Unlike a Power of Attorney, which ceases to have effect once the donor loses his mental capacity, an LPA takes effect upon cessation of the donor’s mental capacity. The LPA can cover the following types of decisions:-

Personal Welfare Matters 

In general, a personal welfare donee helps make decisions on behalf of the donor relating to matters such as where the donor should live and his daily activities. Some decisions a personal welfare donee may be authorised to take include living arrangements of the donor, day to daycare decisions, who the donor should have contact with, handling the donor’s personal correspondences, what social activities should the donor take part in.

Property & affairs matters

Property and affairs donees can help make decisions on behalf of the donor relating to matters such as bank accounts, transactions and property matters. Some types of decisions a property and affairs donee may be authorised to make includes, dealing with property (renting, buying, selling), dealing with bank accounts, receiving dividends, income inheritance or other financial entitlements of the donor, handling tax matters, paying rent and other expenses, investing the donor’s monies and purchasing other equipment for the donor such as wheelchairs or vehicles.

Donees can be provided for either type of decision or for both. Donees in making decisions on behalf of the donor must always act in the person’s best interest. Donees are also bound by the code of practice in relation to the MCA. In determining what is in the person’s best interest, the done must consider all relevant circumstances, the donor’s past and present wishes and feelings, beliefs and values likely to influence the donor’s decisions.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

HOW DO I APPLY FOR AN LPA

You can apply for the LPA using two prescribed forms:-

LPA Form 1 is a general form with mostly checkboxes to grant general powers to their donees with the option to select basic conditions or restrictions to these powers. This form can be completed by the donors themselves.

Form 2 is used when the donors want more specific powers or have specialised requirements; this form will have to be drafted by a lawyer.

WHEN WILL THE LPA TAKE EFFECT

The LPA will take effect when the donor loses mental capacity. Mental capacity is assessed on a case by case basis and cannot be assumed based only on the person’s medical condition. Legally, a person has an inability to make decisions for himself if he cannot understand the information relevant to the decision, retain that information, use or weigh that information as part of the process of making the decision or communicate his decision.

Speak to a lawyer now

CONTACT US TODAY

Our specialised lawyers and their team are standing by to assist you. Our first consultation is free.

The information contained within this website contains general information about our lawyers, Law Firm and procedures and is not intended to constitute legal advice.
Any person viewing or receiving information from this Website should not act or refrain from acting, on the basis of any such information without first seeking appropriate legal advice.
Please consult a lawyer for specific review of your case and advise. 

Like this article?

Share on facebook
Share on twitter
Share on linkedin
Share on pinterest

Leave a comment

Start a Conversation

Hi! Click one of our member below to chat on Whatsapp

Joint Managing Partner

Joint Managing Partner

Enquiry from Emerald Law

online

Joint Managing Partner

Joint Managing Partner

Enquiry from Emerald Law

online

Scroll to Top

Speak to a Lawyer Now

Did you forget to claim your free consultation?

Click now to claim your free consultation.