A Guide to the Lasting Power of Attorney - LPA Video by Attorneys Inc.

Updated: Feb 20

Choose while you can. Protect your interests with an LPA today. The Lasting Power of Attorney (LPA) is a legal document that you (Donor) can make to appoint one or more persons (Donee(s)) to act on your behalf should you lose the capacity to make your own decisions. You have to be at least 21 years old.

An accident, a stroke or dementia could cause loss of mental capacity. You can make an LPA to appoint someone you trust to decide and act on your behalf should you lose the capacity to make your own decisions.

WHY? Your next-of-kin will not automatically have the legal authority to manage your affairs, including your finances such as your bank accounts and insurance payouts if you lose your mental capacity. If you have not made an LPA, they will need to apply to court to be authorised to manage your affairs. If you have made a will, that only comes into effect after death.

Unlike a conventional Power of Attorney, which becomes invalid upon the donor losing mental capacity, an LPA comes into effect precisely at that juncture. This distinction makes LPAs invaluable for individuals seeking to plan ahead for such eventualities. The authority bestowed upon a donee through an LPA only activates when the donor no longer possesses mental capacity.

For more insights on LPAs, along with expert guidance on Conveyancing, Wills, and Probate Services, reach out to Attorneys Inc. LLC. We're here to address any questions you may have. Let's chat https://wa.me/6598335755 or contact us via our contact form

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Updated - Oct 2023

There are two prescribed LPA forms to cater to the needs of individuals:

LPA Form 1 grants your chosen donee(s) extensive decision-making powers on your behalf.

LPA Form 2 is suitable if you have specific requirements or wish to allocate particular powers to your donee(s).

For the issuance of your LPA, it's necessary to engage a lawyer who will provide the required certification.

You have the option to grant your donee(s) decision-making authority over:
Your personal welfare
Your property and affairs
Both your personal welfare and property and affairs.

While it's possible to complete LPA Form 1 independently, seeking legal advice is advisable if you're unsure about granting extensive powers to your chosen donee(s) or if you're uncertain about how to complete the form accurately.