Lasting Powers of Attorney (“LPAs”) have been touted as a straightforward and cost-effective way to allow individuals to protect their interests by appointing a considered choice of donee to make decisions and act on their behalf should they lose mental capacity to make their own decisions one day. It is often said that having a LPA in place alleviates the stress and difficulties faced by your loved ones if you should lose mental capacity.
LPAs can be created by filling in one of the two prescribed forms, LPA Form 1 (a simplified form) or LPA Form 2 (a customised form allowing the individuals to spell out specific powers) and executing them before an LPA certificate issuer (i.e., any local practising lawyer, any registered psychiatrist or any specific medical practitioners accredited by the Public Guardian). The executed form must then be filed with the Office of Public Guardian.
Given the more specific and wide-ranging powers a donor can potentially give to his donees under LPA Form 2, this has to be drafted by a practising lawyer on the donor’s behalf. While this has been less commonly done, as we will illustrate in this update, many disputes, especially where there are multiple donees, could have been avoided had the donors pre-emptively provided greater clarity on the powers (and restrictions thereon) of donees by using LPA Form 2.
If you would like information or assistance on the above or any other area of law, you may wish to contact the Partner at WongPartnership whom you normally work with or any of the following Partners: