Lasting Power of Attorney , livre ebook

Marshall Cavendish International - Peen Lim Fung

Découvre YouScribe en t'inscrivant gratuitement

Je m'inscris

Obtenez un accès à la bibliothèque pour le consulter en ligne
En savoir plus

110 pages

English

Vous pourrez modifier la taille du texte de cet ouvrage

Obtenez un accès à la bibliothèque pour le consulter en ligne
En savoir plus

A propos
Informations
Extrait

Description

Since 2010, Singapore citizens and permanent residents have been encouraged to utilise the Lasting Power of Attorney, otherwise known as the LPA, to protect their interests but many in Singapore are still uncertain or unaware about it. Unfortunately, less than 2% of Singaporeans have done an LPA. This book seeks to encourage more people to do the LPA by explaining in clear terms how you can complete the LPA Form 1. Not just a book about the what and how, it first sets out its importance, why it is needed and the dire consequences of not having one. It also dispels myths and misconceptions about LPAs. The book provides interesting cases studies of real-life situations to illustrate the function of the LPA and contains references to other countries and how the LPA and equivalents operate in those jurisdictions.

Sujets

Singapore

Law

Singapour

Informations

Publié par	Marshall Cavendish International
Date de parution	22 juillet 2019
Nombre de lectures	0
EAN13	9789814868570
Langue	English

Informations légales : prix de location à la page 0,0550€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

LASTING POWER OF ATTORNEY

2019 Marshall Cavendish International (Asia) Pte Ltd
Text Lim Fung Peen
Published by Marshall Cavendish Editions
An imprint of Marshall Cavendish International

All rights reserved
No part of this publication may be reproduced, stored in a retrieval system or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of the copyright owner. Requests for permission should be addressed to the Publisher, Marshall Cavendish International (Asia) Private Limited, 1 New Industrial Road, Singapore 536196. Tel: (65) 6213 9300 E-mail: genref@sg.marshallcavendish.com
Website: www.marshallcavendish.com/genref
The publisher makes no representation or warranties with respect to the contents of this book, and specifically disclaims any implied warranties or merchantability or fitness for any particular purpose, and shall in no event be liable for any loss of profit or any other commercial damage, including but not limited to special, incidental, consequential, or other damages.
Other Marshall Cavendish Offices: Marshall Cavendish Corporation, 99 White Plains Road, Tarrytown NY 10591-9001, USA Marshall Cavendish International (Thailand) Co Ltd, 253 Asoke, 12th Flr, Sukhumvit 21 Road, Klongtoey Nua, Wattana, Bangkok 10110, Thailand Marshall Cavendish (Malaysia) Sdn Bhd, Times Subang, Lot 46, Subang Hi-Tech Industrial Park, Batu Tiga, 40000 Shah Alam, Selangor Darul Ehsan, Malaysia
Marshall Cavendish is a registered trademark of Times Publishing Limited
National Library Board, Singapore Cataloguing in Publication Data
Names: Lim, Fung Peen.
Title: Lasting power of attorney : a guide to the LPA and how to set it up / Lim Fung Peen.
Description: Singapore : Marshall Cavendish Editions, 2019
Identifiers: OCN 1057246621 | eISBN: 978 981 4868 57 0
Subjects: Power of attorney--Singapore--Popular works. | Capacity and disability--Singapore--Popular works.
Classification: DDC 346.5957013--dc23
Printed in Singapore
To my late father Lim Jit Cheng and my dearest mother Tan Meow Jee
CONTENTS
FOREWORD
PREFACE
ACKNOWLEDGEMENTS
GLOSSARY
1 INTRODUCTION TO THE LPA
2 POWERS OF THE LPA
3 MAKING THE RIGHT DECISIONS - APPLYING FOR THE LPA
4 IN THE ABSENCE OF AN LPA - APPLYING TO BE A DEPUTY
5 FREQUENTLY ASKED QUESTIONS (FAQS)
CONCLUDING REMARKS
ANNEX
I - Sample LPA Form 1 with annotations
II - Mental Capacity Act (Cap 177A, 2010 Rev Ed)
ABOUT THE AUTHOR
FOREWORD
This book is written for the man on the street to help them understand the importance of the Lasting Power Attorney (LPA) and how it is a crucial part of planning for the future for everyone and not just the wealthy, and not forgetting the visually or hearing impaired.
In recent years, conversations about death have become less of a taboo in Singapore. We have begun to accept death as a natural ending to life, and in doing so, have embraced the control and freedom of imagining and expressing how we would like to live out our final years.
An LPA is an expression of our ideals and preferences in what may be our last years of life. It spurs us to question how we would like to live, or how our affairs should be managed, if we can no longer think for ourselves. What do we want? Who would we trust to carry out our wishes?
This is a conversation that we need to have with ourselves sooner rather than later. An LPA can help us frame that conversation. It would provide us with peace of mind and the assurance that our friends and family have heard and understood our wishes, and would also relieve them of the uncertainty and stress of navigating a complex legal process in times of grief.
Lasting Power of Attorney - A guide to the LPA and how to set it up is therefore an essential read for all, young or old. This book cuts through the legal jargon to make the LPA understandable and accessible to everyone. It is written for the average man who will participate in one or more conversations about sickness or incapacity throughout his life.
Fung Peen s passion for helping people shines through in his writing in this book. He is committed to helping others avoid the difficulties and suffering that so often accompany the departure of a loved one. His years in legal practice have been dedicated to helping families facing legal difficulties, and this book is an extension of his passion and work in guiding others with his wisdom and experience. Writing accessibly and expressively, Fung Peen distils the nuances of the law into clear ideas and processes that are simple and easy to understand.
Through this book, Fung Peen has invited all of us to join a conversation on life, and what it means to us even as we near its end. His clear and thoughtful advice empowers us to help ourselves and our loved ones to document our wishes into an official and recognised process. An LPA no longer has to be daunting or difficult. It is simply an acknowledgement and promise that our wishes have been heard and will be respected.
It has been my honour to write the Foreword for this book, written by one of the kindest and wisest men I know.

Vincent Ooi
Lecturer of Law, Singapore Management University;
Research Fellow, Centre for Cross-Border Commercial Law in Asia
PREFACE
Most writers choose which book they would like to write.
In my case, the book chose me.
Despite my initial self-doubt, it did not too take much persuasion from my editor before I agreed to write this book. I hesitated because I was not sure I could carve out the required time to research and write a meaningful and useful book for readers. I was also concerned about writing in a style that would be reader-friendly and not overly technical. After all, the Lasting Power Attorney (LPA) is a legal document.
I believe the LPA is an important document which should be done by everyone, old and not so old, rich and poor, locals and foreigners.
One of the first persons I helped to set up an LPA was my mother a few years ago. Recently, she was diagnosed with early onset dementia, Alzheimer s disease. I know the day will come, sooner rather than later, when my brother and I will have to use the powers that she has given to us in her LPA. I am grateful that my mother agreed to do this. My wife and I have also done ours, as we did not want to make life harder for each other or our children if either of us loses our mental capacity.
I want to help readers understand that by setting up an LPA, they can avoid the grave inconvenience, unnecessary legal expense, unhappiness and family disputes that can arise when there is no clarity about who should decide for a loved one when they lose their mental capacity. Doing an LPA is a great way to love your family.
Writing articles about law related topics was something I enjoyed doing from time to time and I was encouraged by the response from the readers of those articles. A book, albeit a concise one, seemed daunting because I wanted to be as comprehensive as possible and also organise the content in a way that would be make sense to the man on the street.
In these pages, you will find real life stories of what happened to those unfortunate families whose parent, spouse or child did not do their LPA.
Forms can be daunting; what more an 11-page one. I have included tips and samples on how you can navigate your way through the LPA Forms. I also have included an FAQ section for quick reference.
Giving regular talks on the LPA, wills and trusts has helped me to better understand the common misconceptions of the public and helped me to develop a better sense of the FAQs in this area. Being in legal practice for 21 years covering court litigation, conveyancing and private client matters has also helped me to understand the issues that commonly confuse the public, hence the section in this book to distinguish the LPA from other common legal documents.
The Best is Yet to Be.
ACKNOWLEDGEMENTS
Without the following people this book would not have been possible.
Anita, my editor, for taking on a new book writer and guiding me; my most learned friend Vincent Ooi, for kindly agreeing to write the Foreword; my colleagues at Yuen Law LLC: managing director Samuel Yuen, for his support and leadership; Cheryl Mok, for accompanying me for almost all my talks, encouraging me to write articles and helping me to hone my presentation skills; Serene Tan and Brendan Kok, for sharing with me the ins-and-outs of the LPA Forms.
The judges of the Family Justice Court past and present, from whom I have gained much insight and wisdom from the reasoned decisions at every stage on protecting the best interests of the person lacking mental capacity; my clients, who have allowed me to journey with them and help them, and in the process I have learnt much; Patrick Liew, the GEX team and the MAPIC students; Jean and her teams at Unicorn Financial; Hwei Min and her Alpha Group (NTUC-Income) for helping me to develop a good sense of the FAQs on this topic; my very promising interns Stanley Woo, Trina Priscilla Ng, Vanessa Cheong and Grace Lee who helped me with research and with making the book read like less of a legal submission. Allen Sng, for sharing with me his passion and knowledge in this area of the law.
Dr Justin Chew Ling Hui (Geriatric Medicine, Tan Tock Seng Hospital) for his professionalism in treating my mother and helping me to gain a better understanding of the medical and care aspects of dementia. My brother, Fung Jen, for his support all these years. My wife and best friend, Vanessa, my pride and joy Kimberley and Benjamin, for literally making space at the home computer for Papa to write.
To Jesus, my saviour, my strength and my all.
For the L ORD IS GOOD ;
his steadfast love endures forever,
and his faithfulness to all generations.
Psalm 100:5

Lim Fung Peen
LLB (Hons) London
Barrister-at-law (Middle Temple)
Advocate and Solicitor, Supreme Court of Singapore
Dire