Dealing with a diagnosis of dementia in a loved one can be overwhelming, especially when it comes to making long-term decisions about their healthcare and financial matters. One critical document that can help with future decision-making is the Lasting Power of Attorney (LPA).
The LPA is a legal instrument that allows an individual (the donor) to appoint one or more persons (the donee(s)) to make decisions on their behalf when they lose mental capacity. But if your dad has dementia, you might be wondering, can he still proceed with LPA certification for himself?
In Singapore, the answer depends on several factors related to his mental capacity. In this article, we’ll explore the role of LPA certification, how it relates to dementia patients, and the steps you can take to ensure your dad’s wishes are respected.
Understanding LPA Certification in Singapore
The Lasting Power of Attorney (LPA) is a powerful legal tool under the Mental Capacity Act that ensures an individual’s preferences and decisions regarding personal welfare and financial matters are upheld even if they lose mental capacity.
LPA certification empowers a person to pre-select trusted individuals to act in their best interests should they become unable to make decisions for themselves.
There are two types of LPA in Singapore:
- LPA Form 1: A standard form where the donor gives the donee general powers to make decisions about personal welfare and property and affairs.
- LPA Form 2: A customised form allowing more specific powers to be granted. This form must be drafted by a lawyer.
An LPA can only be made if the donor has the mental capacity to understand the nature of the document, its implications, and the authority being granted to the appointed donee(s). For dementia patients, the key question is whether they still have sufficient mental capacity to proceed with LPA certification.
Can My Dad Still Get LPA Certification with Dementia?
Dementia affects an individual’s cognitive functions, including memory, understanding, and judgment. However, dementia does not automatically disqualify someone from creating an LPA. The crucial factor is whether your dad retains sufficient mental capacity at the time of the LPA certification.
What is Mental Capacity?
In Singapore, mental capacity is defined under the Mental Capacity Act as the ability to make decisions for oneself. To have mental capacity, a person must be able to:
- Understand the information relevant to the decision.
- Retain that information long enough to make the decision.
- Weigh the information as part of the decision-making process.
- Communicate the decision in any way, including verbal, non-verbal, or written forms.
For LPA certification, your dad must demonstrate that he understands the implications of appointing a donee, the scope of the donee’s authority, and the potential consequences of these decisions. If he can do this, he may still be able to proceed with LPA certification, even if he has early-stage dementia.
Assessing Your Dad’s Mental Capacity for LPA
If your dad has been diagnosed with dementia, a mental capacity assessment by a registered doctor, psychiatrist, or psychologist may be necessary to determine whether he can create an LPA. The LPA must be certified by a Certificate Issuer, who ensures that:
- The donor understands the LPA.
- The donor is not under undue pressure or influence.
- The donor has the mental capacity to execute the LPA.
A Certificate Issuer can be a registered medical practitioner, a practising lawyer, or a licensed psychiatrist. If the Certificate Issuer determines that your dad lacks mental capacity, he will not be able to proceed with LPA certification. However, if he still retains the ability to understand the document, the LPA process can move forward.
Why LPA Certification is Important for Dementia Patients
For individuals diagnosed with dementia, securing LPA certification as early as possible can be critical. Dementia is a progressive condition, meaning cognitive abilities decline over time. Without an LPA in place, family members may face difficulties in making decisions on behalf of their loved one, especially concerning medical treatments, long-term care, and financial matters.
Here are some reasons why LPA certification is particularly important for dementia patients:
Ensures Decision-Making by Trusted Individuals
With an LPA, your dad can choose someone he trusts—whether a family member or a close friend—to make decisions about his healthcare and finances. Without an LPA, the court may appoint a deputy to make these decisions, which will take time and may not align with his preferences.
Reduces Family Conflict
In the absence of an LPA, disagreements can arise among family members about what is in the best interest of the person with dementia. Having an LPA in place reduces the risk of such disputes, as your dad’s wishes are legally documented and clear.
Avoids Court Proceedings
Without an LPA, your family may need to apply for a court order to appoint a deputy to manage your dad’s affairs, which can be a time-consuming and costly process. An LPA eliminates the need for this, streamlining decision-making when the time comes.
When is It Too Late to Apply for LPA Certification?
As dementia progresses, mental capacity can diminish to the point where your dad is no longer able to understand the LPA process. Once a person has lost mental capacity, it is too late to apply for an LPA. In this situation, family members would need to apply to the court for a deputyship order, which is more restrictive and costly than LPA certification.
This is why it is vital to discuss the LPA process as soon as possible after a dementia diagnosis. If your dad still has the capacity, completing an LPA can protect his autonomy and ensure his wishes are respected in the future.
Steps to Proceed with LPA Certification
If you believe your dad still has the mental capacity to apply for LPA certification, here are the steps to take:
- Discuss LPA with Your Dad: Ensure your dad understands the purpose of the LPA and the importance of appointing a trusted donee.
- Complete the LPA Form: Fill out either LPA Form 1 or Form 2, depending on the complexity of the powers your dad wants to grant.
- Engage a Certificate Issuer: Consult a registered medical practitioner, licensed psychiatrist, or lawyer to assess your dad’s mental capacity and certify the LPA form.
- Submit the LPA: Submit the certified LPA form to the Office of the Public Guardian (OPG) in Singapore. There is a fee associated with registration, but subsidies are available for seniors.
Securing LPA Certification for Your Dad
Dementia does not automatically disqualify your dad from applying for LPA certification, but it does emphasise the importance of acting early. If your dad still has the mental capacity to understand the decisions involved in appointing a donee, he can proceed with LPA certification, securing his future and reducing potential conflicts.
Don’t delay the conversation—ensure your dad’s wishes are respected, and his future is secure by pursuing LPA certification while he still has the capacity to do so.
For expert guidance on LPA certification and dementia-related healthcare, visit Keystone Medical. Our team of healthcare professionals is here to support you and your family through every step of the process, ensuring your loved ones receive the care they deserve.
References
Dementiahub.sg. Lasting Power of Attorney. https://www.dementiahub.sg/living-well-with-dementia/lasting-power-of-attorney/
Channelnewsasia.com. Dementia and Planning Ahead for Your Parents: What You Need to Know About End-of-Life Matters. https://cnalifestyle.channelnewsasia.com/wellness/parents-dementia-lasting-power-attorney-end-life-matters-329731
Covenantchambers.com. What Should I Do If I or My Loved Ones Have Dementia?. https://www.covenantchambers.com/articles/what-should-i-do-if-i-or-my-loved-ones-have-dementia
Asialawnetwork.com. Legal Planning for People with Dementia. https://learn.asialawnetwork.com/2017/11/28/legal-planning-people-dementia/