FAQ on LPA

What is the difference between a Will and a LPA (Lasting Power of Attorney)?
A Will is effective only after death. A LPA is effective when you loose mental capacity e.g. when one is in coma or dementia.

What happens if I do not have a LPA?
Your family members will have to apply to Court under the Mental Capacity Act, to apply for someone to take charge of your personal welfare and property & affairs matters. Somewhat similar to someone without a Will, it's costly and time-consuming and you do not get to choose who's best to take care for you.

Can I assign my spouse to take care of my healthcare whereas my son to take care of my financial matters?
Yes. Basically LPA allows you to assign the following decision making:
1) personal welfare (which may include health care) and/or
2) property and affairs (including financial matters).
3) both personal welfare and property and affairs
So it's best to decide who's best to manage your healthcare and financial matter.

What happen if the assigned is not taking care of my affairs irresponsibly?
The Office of Public Guardian has the power to oversees the assigned do their job responsibly. If they don't they are held responsible and in worst case be fine and imprisoned.

What happens if I recover my mental capacity?
The LPA will not be effective. It's only effective when you are certified to be incapable of managing your own affairs.

Will my LPA be revoked or cancelled in any condition?
Yes, if the person you assigned decline to take the job, passes away, bankrupt or he himself lost mental capacity.
If the assigned is your spouse and there is a divorce.


Other than LPA, anything else I need to consider?
LPA is effective only when you lost your mental capacity. Upon death, LPA is of no use. Will is the only effective tool to help you.