When it comes to making decisions on behalf of someone who lacks mental capacity, two legal mechanisms come into play: Lasting Power of Attorney (LPA) and deputyship. Understanding the nuances between these two arrangements is crucial for individuals and families navigating the complexities of estate planning and healthcare decision-making.
In this article, we will look into the key differences between LPA and deputyship, highlighting their respective roles, processes, and implications in Singapore.
Understanding Lasting Power of Attorney (LPA)
Lasting Power of Attorney (LPA) is a legal document that allows an individual (known as the donor) to appoint one or more persons (known as donees) to make decisions and act on their behalf should they lose mental capacity in the future. These decisions can pertain to both personal welfare matters (such as healthcare and living arrangements) and property and affairs matters (such as managing finances and assets).
Exploring Deputyship
Deputyship, on the other hand, is a legal appointment granted by the court to an individual (known as the deputy) to make decisions on behalf of someone who lacks mental capacity. Unlike LPA, which is created by the donor while they still have mental capacity, deputyship is sought through the Court of Protection when there is no existing LPA in place, or when the court deems it necessary to appoint a deputy to act in the best interests of the person lacking mental capacity.
Key Differences Between LPA and Deputyship
Creation Process
- LPA: Created by the donor while they still have mental capacity.
- Deputyship: Sought through the Court of Protection when there is no existing LPA or when deemed necessary by the court.
Decision-Making Authority
- LPA: Donees appointed by the donor have the authority to make decisions on behalf of the donor in accordance with their wishes and best interests.
- Deputyship: Deputies appointed by the court have the authority to make decisions on behalf of the person lacking mental capacity, subject to court oversight.
Scope of Authority
- LPA: Can cover both personal welfare matters and property and affairs matters.
- Deputyship: Typically covers property and affairs matters, though the Court may grant authority for personal welfare matters in certain cases.
Flexibility and Control
- LPA: Provides the donor with greater control over who makes decisions on their behalf and under what circumstances.
- Deputyship: Involves Court oversight and may limit the flexibility of decision-making compared to an LPA.
Why Choose LPA Certification?
Obtaining LPA certification offers several advantages for individuals and families in Singapore:
- Control and Autonomy: By creating an LPA, individuals can specify their preferences and nominate trusted individuals to act on their behalf, ensuring that their wishes are respected even if they lose mental capacity.
- Streamlined Decision-Making: LPA streamlines the decision-making process by appointing designated donees to act on behalf of the donor, reducing the need for court intervention. The process of obtaining a deputyship is often lengthy and costly too.
- Peace of Mind: Having an LPA in place provides peace of mind for both the donor and their loved ones, knowing that important decisions will be made in accordance with the donor’s wishes.
The Importance of LPA Certification in Singapore
In Singapore, LPA certification is a vital aspect of estate planning and healthcare decision-making. By proactively creating an LPA, individuals can safeguard their interests and ensure that their wishes are respected, even if they become incapacitated. With an aging population and increasing awareness of the importance of advanced care planning, LPA certification has become increasingly relevant for individuals and families seeking to plan for the future.
While both LPA and deputyship serve the important purpose of enabling decision-making on behalf of individuals who lack mental capacity, they differ in their creation process, decision-making authority, and scope of authority. By understanding these differences and the benefits of LPA certification, individuals can make informed decisions about their future and ensure that their interests are protected in the event of incapacity.
Get in Touch with Keystone Clinic & Surgery Today!
Ready to take the first step towards securing your future and protecting your interests? Contact Keystone Clinic & Surgery today to learn more about LPA certification and how our team can assist you in navigating the complexities of estate planning and decision-making. Our experienced professionals are here to guide you through the process and ensure that your wishes are respected every step of the way.
References
MSF.gov.sg. What is a Lasting Power of Attorney (LPA)?. https://www.msf.gov.sg/what-we-do/opg/lasting-power-of-attorney/what-is-a-lasting-power-of-attorney
Pkwalaw.com. Deputyship or Lasting Power of Attorney?. https://pkwalaw.com/deputyship-or-lpa/
Moneysense.gov.sg. Lasting Power of Attorney. https://www.moneysense.gov.sg/legacy-planning/lpa/
Advlawllc.com. Deputyship in Singapore: Your Step-By-Step Guide to Becoming a Deputy. https://www.advlawllc.com/2023/06/26/deputyship-in-singapore-your-step-by-step-guide-to-becoming-a-deputy/