In Singapore, the Lasting Power of Attorney (LPA) is an essential legal document that allows individuals to appoint someone they trust to make decisions on their behalf should they lose mental capacity in the future. LPA certification is a critical step in ensuring that the appointed authority is legally valid and recognised.
Two key professionals—doctors and lawyers—serve as LPA certificate issuers in Singapore, and each plays a distinct role in the certification process. This article explores the roles of doctors and lawyers as LPA certificate issuers, the importance of LPA certification, and how to decide which professional is right for you.
What is an LPA and Why is Certification Important?
The Lasting Power of Attorney (LPA) is governed by the Mental Capacity Act (MCA) in Singapore. It allows an individual, known as the “donor,” to appoint one or more persons, referred to as “donees,” to make decisions related to their personal welfare and property if they lose mental capacity in the future.
An LPA can prevent legal complications and safeguard the donor’s wishes regarding their health, finances, and daily life management when they can no longer do so themselves.
LPA certification is a required step in the creation of the LPA. The certification ensures that the donor fully understands the purpose of the LPA, is not under any undue influence, and has the mental capacity to create the document. Certification also protects against potential misuse of the LPA, as it provides an additional layer of oversight by a professional.
In Singapore, only specific individuals can serve as LPA certificate issuers. These include accredited medical practitioners, practicing lawyers, and registered psychiatrists. In this article, we focus on the roles of doctors and lawyers.
Doctors as LPA Certificate Issuers
Role of Medical Practitioners in LPA Certification
Doctors play an essential role in the LPA certification process, particularly when there are concerns about the donor’s mental capacity. An accredited medical practitioner, often a general practitioner (GP) or psychiatrist, is required to assess whether the donor has the mental ability to understand the LPA and the implications of granting power to the donee.
This assessment is especially important in cases where the donor is elderly or has medical conditions that could affect cognitive functions, such as dementia or stroke.
The doctor’s role is to evaluate the donor’s mental capacity based on established medical guidelines and then sign off on the LPA certification if they determine the donor meets the necessary criteria. This medical perspective ensures that the donor is of sound mind and that their decisions regarding the LPA are made freely and voluntarily.
When Should You Choose a Doctor as Your LPA Certificate Issuer?
Opting for a doctor as your LPA certificate issuer is particularly beneficial if there are concerns about the donor’s cognitive health. If the donor has a history of medical issues that could affect their mental capacity, it is crucial to have a doctor conduct the certification to verify that they are mentally capable of making such important legal decisions.
Additionally, consulting a medical practitioner for LPA certification can offer peace of mind to both the donor and their family members, knowing that the decision is based on a thorough medical evaluation.
Lawyers as LPA Certificate Issuers
Role of Lawyers in LPA Certification
Lawyers, as LPA certificate issuers, focus on the legal aspects of the certification process. When certifying an LPA, the lawyer’s primary responsibility is to ensure that the donor understands the legal implications of appointing a donee and that they are not acting under duress or coercion. Lawyers are trained to identify any signs of undue influence that may invalidate the LPA, ensuring that the document reflects the donor’s true intentions.
In addition to certifying the LPA, lawyers often assist donors in drafting the document itself, ensuring that all legal requirements are met. They also provide advice on the roles and responsibilities of the donee, helping donors make informed decisions regarding their personal welfare and financial matters.
When Should You Choose a Lawyer as Your LPA Certificate Issuer?
Choosing a lawyer as your LPA certificate issuer is ideal if you are seeking legal advice and assurance that the LPA is properly executed. If the donor is in good mental health but requires clarity on the legal implications of the LPA, a lawyer can provide the necessary guidance and ensure that the document is compliant with Singaporean law.
Lawyers are particularly useful when there are complex legal issues involved, such as intricate financial arrangements, multiple donees, or specific clauses in the LPA that require customisation. By working with a lawyer, donors can ensure that the LPA is tailored to their unique needs and circumstances.
Key Differences Between Doctors and Lawyers in LPA Certification
While both doctors and lawyers are authorised to certify LPAs in Singapore, the key differences lie in their focus and expertise.
- Medical Evaluation: Doctors are trained to assess the donor’s mental capacity, making them the preferred option if there are concerns about cognitive health. They ensure that the donor is capable of making sound decisions regarding their future welfare and finances.
- Legal Expertise: Lawyers, on the other hand, focus on ensuring that the LPA is legally valid and that the donor is fully aware of the legal consequences of appointing a donee. They also protect against undue influence and can provide legal advice on the LPA’s structure. During the LPA certification process, lawyers must conduct a thorough assessment to confirm the individual’s mental capacity. This assessment typically involves a series of questions and discussions designed to gauge the person’s understanding of their decisions and the impact of appointing an attorney. Lawyers need to be adept at recognising signs of mental incapacity, which can be subtle or complex, and must use their professional judgment to make an informed decision.
Deciding Between a Doctor and a Lawyer for LPA Certification
When deciding between a doctor and a lawyer to certify a Lasting Power of Attorney (LPA) document, the choice largely depends on the specific circumstances of the person (the donor) who is setting up the LPA. Here’s a deeper look into both options:
Doctor for LPA Certification
- Mental Capacity Concerns: A doctor is often chosen when there are doubts or potential questions about the donor’s mental capacity. This is crucial because an LPA can only be set up if the person has the mental capacity to understand what they are doing. A doctor can assess and confirm this capacity based on medical criteria.
- Complex Medical Issues: If the donor has a condition that affects mental functioning, such as dementia, Alzheimer’s, or another cognitive impairment, a doctor is better positioned to evaluate whether they are capable of making decisions related to their LPA. The doctor’s certification provides medical authority, reassuring all parties that the donor’s mental state was properly evaluated.
Lawyer for LPA Certification
- Legal Complexity: A lawyer is typically chosen if the donor’s situation requires guidance on the legal aspects of the LPA. This could involve interpreting legal terms, ensuring the document is drafted clearly, or addressing the legal ramifications of certain decisions.
- Potential Challenges or Disputes: If the donor anticipates that someone might challenge the validity of the LPA in the future (for example, if there is family conflict over the decisions), it can be useful to have a lawyer involved. The lawyer’s expertise ensures the document is airtight and compliant with all legal standards, which can prevent disputes.
- Navigating the LPA Process: Lawyers are well-versed in the specific procedural requirements for setting up an LPA. This includes properly drafting the document, filing it correctly, and addressing any other legal obligations.
Combined Approach: Doctor and Lawyer Involvement
In some situations, both a doctor and a lawyer might be needed. This combination ensures that both the donor’s mental capacity and legal intentions are thoroughly examined:
- Medical Certification: A doctor confirms the donor’s mental capacity.
- Legal Guidance: A lawyer drafts and finalises the legal document, making sure it’s valid and enforceable.
- Enhanced Protection: Having both professionals involved adds an extra layer of security, minimising the risk of future disputes related to either the donor’s mental capacity or the legal standing of the LPA.
In summary:
- Doctor: Appropriate if mental capacity is in question or there are significant medical concerns.
- Lawyer: Best suited for legal intricacies, preventing challenges, and ensuring compliance with legal requirements.
- Both: Offers the most comprehensive protection, covering both medical and legal aspects.
Ensure Peace of Mind: Get Your LPA Certified with Keystone Medical
LPA certification is a crucial step in ensuring that your Lasting Power of Attorney is valid, recognised, and reflective of your true intentions. Whether you choose a doctor or lawyer as your LPA certificate issuer depends on your specific needs, but both professionals play vital roles in safeguarding your future welfare and financial decisions.
If you or a loved one are considering creating an LPA and require LPA certification, visit Keystone Medical for expert assistance. Our team of experienced professionals can guide you through the process, ensuring that your LPA is properly certified and tailored to your unique circumstances.
References
Msf.gov.sg. 2022. Lasting Power of Attorney Certificate Certificate Issuer Guide. https://www.msf.gov.sg/docs/default-source/opg/lpa_certificate_issuer_guide.pdf
Mentalcapacitylawandpolicy.org.uk. 2022. LPAs – The Duties on the Certificate Provider. https://www.mentalcapacitylawandpolicy.org.uk/lpas-the-duties-on-the-certificate-provider/
Mylegacy.life.gov.sg. Make a Lasting Power of Attorney. https://mylegacy.life.gov.sg/end-of-life-planning/make-a-lasting-power-of-attorney/
Cambridge.org. 2018. Lasting Powers of Attorney. Implications for Clinicians. https://www.cambridge.org/core/journals/advances-in-psychiatric-treatment/article/lasting-powers-of-attorney-implications-for-clinicians/6F18626C74A860DBDE49623763F55150