An LPA allows you to appoint someone you trust to make decisions and act on your behalf if you lose the mental ability to make these decisions yourself in the future.
Understanding LPA
A Lasting Power of Attorney (LPA) allows you to appoint someone you trust to make decisions and act on your behalf if you lose the mental ability to make these decisions yourself in the future.
You may lose capacity because of a stroke, a mental illness, or even an accident.
By making an LPA, you indicate your personal choice of a trusted person(s) who can come forward to act on your behalf if you should lose the ability to do so yourself.
Making an LPA early therefore provides certainty and peace of mind for you and your loved ones.
What is an LPA?
A Lasting Power of Attorney - also called an LPA - is a legal document. It allows you (the ‘donor’) to appoint one or more persons to make decisions for you if you are unable to make decisions for yourself because of a loss of mental capacity. You are free to appoint just one person (known as a ‘donee’) or more.
Your may select to give your donee(s) powers to decide matters about:
Your personal welfare
Your property & affairs
Both your personal welfare and property & affairs
There are two different prescribed LPA forms to cater to the needs of individuals:
LPA Form 1 is the standard version you use to grant general powers with basic restrictions to your donee(s).
LPA Form 2 is for those who have non-standard requirements and wish to grant customised powers to donee(s). This form needs to be drafted by a lawyer.
Choosing your donee(s)
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 & affairs matters.
For more information about being a donee, click here for “The Mental Capacity Act: A Donee’s Guide”
Making an LPA
To make an LPA, you must:
Be at least 21 years of age
Possess mental capacity to make your own LPA
Not be bankrupt if you're appointing a property & affairs donee
Register your LPA with the Office of Public Guardian for it to be legally valid
The person you choose to be your donee(s) must agree. If they do not, you will need to find someone else who agrees.
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