If you lose the ability to make decisions in future, you will want someone you trust to help you. A Lasting Power of Attorney (LPA) lets you to appoint someone you trust to make decisions and act on your behalf if this happens.

You may lose capacity, or the mental ability to make decisions, because of a stroke, a mental illness, or even an accident.  Making an LPA early therefore gives you and your loved ones peace of mind

According to the Office of the Public Guardian, the LPA is a legal document which allows a person who is at least 21 years of age (‘donor‘), to voluntarily appoint one or more persons (‘donee(s)‘) to make decisions and act on his behalf should he lose mental capacity one day. Your donee should be someone trustworthy, reliable and competent to make decisions for you only when you lack the mental capacity to do so for yourself Your donee must be at least 21 years old, and must not be a bankrupt if you are appointing him/her for property and affairs matters. More information about being a done can be found in “The Mental Capacity Act: A Donee’s Guide”

Benefits of a Lasting Power of Attorney:

1. Early preparations to protect your interests should one become vulnerable one day.
2. Enables you to make a personal, considered choice of a trusted proxy decision maker, who is reliable and competent to act in his or her best interests.
3. Alleviates the stress and difficulties faced by loved ones who need to apply for a Deputyship order, if you lose mental capacity without an LPA in place.

 Difference between a Lasting Power of Attorney and a Will

A will operates only after the testator’s (will-maker) death. The LPA operates after the donor loses his mental capacity. The Will cannot be used if a person loses his mental capacity.

When does a person lack mental capacity?

Under the Mental Capacity Act, a person is defined to lack capacity if he is “unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain”.

For more information Grant of Probate in Singapore, kindly call Ray Louis Law at +65-65572725.