Applying for a Lasting Power of Attorney (LPA) certification is an important legal process in Singapore. It allows an individual, known as the donor, to appoint a trusted person (the donee) to make decisions on their behalf in the event they lose the mental capacity to do so.
While this is a crucial step in planning for the future, there are several common mistakes that people make when applying for LPA certification. Avoiding these mistakes can save time, reduce stress, and ensure that the application process goes smoothly.
Not Understanding the Role of the Donee
One of the most significant mistakes people make when applying for LPA certification is failing to fully understand the role and responsibilities of the donee. The donee is empowered to make decisions regarding the donor’s personal welfare and financial matters, which means it’s crucial to appoint someone trustworthy and competent.
Some individuals rush the decision and appoint someone without carefully considering their suitability for this role.
To avoid this mistake, take the time to have an open conversation with the potential donee. Discuss their willingness and ability to take on this responsibility. Ensure they understand the nature of the duties they may need to perform and that they are capable of making decisions in your best interest.
Failing to Choose the Right LPA Form
There are two types of LPA forms in Singapore: LPA Form 1 and LPA Form 2. LPA Form 1 is a standard form used by most people, while LPA Form 2 is for those who want to appoint specific, customised powers that are not covered in Form 1. A common mistake is using the wrong form for the desired outcome, which can lead to delays or even the rejection of the application.
To avoid this, ensure you are selecting the correct form for your needs. If your situation is straightforward, LPA Form 1 is likely sufficient. However, if you have specific conditions or arrangements that you want in place, you may need to consult a lawyer to help you with LPA Form 2. Making the right choice at the start will help the process run more smoothly.
Missing Signatures or Incorrectly Signed Documents
The LPA application process requires signatures from both the donor and the donee, as well as a certificate issuer, who is typically a doctor, lawyer, or psychiatrist. A common mistake that applicants make is missing one of these crucial signatures or having documents signed incorrectly.
To avoid this, double-check the application before submission. Ensure that all required parties have signed the document in the correct places, and that these signatures are witnessed by the appropriate individuals. Any missing signatures will result in the application being returned, delaying the process.
Submitting Incomplete or Incorrect Information
Another common mistake when applying for LPA certification is submitting incomplete or inaccurate information. Whether it’s a missing address, an incorrect name spelling, or incomplete contact details, any small error can cause your application to be delayed or rejected.
It’s important to carefully review all the details on the application form before submitting it. Ensure that all information provided is accurate and up-to-date. Pay special attention to the donor’s and donee’s personal details, as any discrepancies could lead to complications during the certification process.
Delaying the Application
Many people delay applying for an LPA, often because they don’t see it as an immediate need. However, the reality is that mental incapacity can occur unexpectedly due to accidents or illness, and delaying the application could leave you unprepared.
Applying for LPA certification when you are still in good health ensures that your wishes are in place and that your chosen donee can act on your behalf if necessary.
To avoid this mistake, it’s best to apply for LPA early, while you are still mentally capable of making decisions. This provides peace of mind and ensures that your future is protected in case of unforeseen circumstances.
Not Seeking Professional Help When Needed
Some individuals attempt to navigate the LPA application process without seeking professional advice, believing it to be a simple task. While the process is straightforward for many, there are cases where legal or medical advice is necessary, especially if you have complex needs or require the use of LPA Form 2.
If you are unsure about any part of the process, it’s advisable to seek assistance from a lawyer who is experienced in handling LPAs. This can help you avoid mistakes and ensure that your application is submitted correctly the first time.
Conclusion
Applying for LPA certification is a crucial step in planning for the future, but it’s important to avoid common mistakes that can complicate the process. By understanding the responsibilities of the donee, choosing the right LPA form, ensuring all signatures are present, providing accurate information, and submitting the application in a timely manner, you can make the process much smoother.