• You must be at least 21 years old
• You must have the mental capacity to make the LPA
• You must not be an undischarged bankrupt.

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An LPA can only be made by a person with mental capacity.

Parents of children with intellectual disability may apply to the Court to be appointed deputies if the children are likely to be still lacking in capacity after 21 years of age.

The parents may also apply to the Court to appoint successor deputies as future decision-makers for their children with intellectual disability in the event the parents are no longer around or are unable to make those decisions.

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Yes, you can cancel your LPA after it has been registered if you have the mental capacity to do so. You must submit your cancellation to the Office of the Public Guardian. You should notify the donee(s) and anyone else that you may have informed about the LPA that it has been cancelled.

Apart from your cancellation of your LPA, it will be cancelled and the appointment of the donee will be terminated in the following circumstances:

• you or your donee dies.
• your donee lacks mental capacity to act as a donee.
• your donee declines the appointment as a donee.
• there is a divorce between your donee and you, applicable if your donee is your spouse and you have not stated otherwise in your LPA.
• you or your donee becomes a bankrupt or if your donee is a licensed trust company, the company is liquidated, wound up, dissolved or under judicial management (Note: this applies to the property & affairs donee only).
• a Court order is made to cancel the LPA or your donee's powers – this can happen if your donee has not acted in your best interest.

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If you do not make an LPA and subsequently lose your mental capacity to make certain decisions, the Mental Capacity Act allows someone else to apply to the Court to either:

• make the specific decisions for you, or
• appoint one or more persons to be your deputy to make the decision for you.

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The Public Guardian must be informed of the occurrence of the event. The original LPA (and any office copies) and the donee card(s) must be returned to the Office of the Public Guardian.

• if the LPA is cancelled becuase of the occurrence of the event, the Public Guardian will cancel the registration of the LPA and inform the donor and/or the donee(s) of the cancellation. The donee's unique identity number will be cancelled.
• if the power of any donee is terminated in any way but the LPA is not cancelled, the Public Guardian will add a note on the original LPA (and any office copies). The LPA reference number and the donee's unique identity number will be cancelled and a new LPA reference number will be given; a new donee unique identity number will be assigned to any remaining donee or replacement donee and the new donee card(s) will be issued.

You have made an LPA appointing 2 donees, D1 and D2, to act jointly and severally in respect of both personal welfare and property & affairs. D1 becomes a bankrupt.

• D1's power in respect of property & affairs is cancelled because of his bankruptcy. However his power in respect of personal welfare is unchanged and remains valid.
• D2's powers for both personal and welfare and property & affairs continue to be valid.
• Your LPA and the donee cards have to be returned to the Office of the Public Guardian.
• The Public Guardian will add a note on your LPA that D1's power in respect of property & affairs has been terminated.
• The LPA reference number will be cancelled and a new LPA reference number will be assigned to the LPA. A new donee card with new unique identity numbers will be issued for D1 and D2.

You have made an LPA appointing 1 donee, D1, with powers to make decisions in respect of property & affairs only. You have also named R1 to be the replacement donee in the event D1 is unable to act. D1 passed away.

• Upon D1's death, your LPA will be affected.
• Your LPA and D1's donee card have to be returned to the Office of the Public Guardian.
• As R1 will replace D1 as your donee, a passport-size photograph of R1 has to be submitted to the Office of the Public Guardian to issue a new donee card.
• The Public Guardian will add a note on your LPA that D1 has died and R1 has replaced him.
• The LPA reference number and D1's unique identity number will be cancelled. Your LPA will have a new LPA reference number and a new donee card will be issued for R1.

• Revoked Donee UID Number
• Revoked LPAs

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