Last Updated: 12 July 2014
The LPA Certificate Issuer
The role of the LPA Certificate Issuer is an important one in the whole process of preparing and executing a Lasting Power of Attorney. The Issuer has to ensure that the Donor understands the purpose of the LPA and the scope of authority conferred under it, no fraud or undue pressure is used to induce the Donor to make the LPA and nothing else that prevents the LPA from being created.
This has not changed in the revised LPA Forms (2014). But with the simplification of the form, the Issuer should note the following administrative changes:
(a) There are now only 4 parts in the revised LPA Forms (2014);
(b) The place to sign as a witness to the Donor’s statement is now found in Part 1 of the revised form; and
(c) The place to sign as the LPA Certificate Issuer will be found in Part 4 of the revised form.
· Comparison Guide on Key Differences between existing LPA Form 1 and revised LPA Form 1 (2014)
· Comparison Guide on Key Differences between existing LPA Form 2 and revised LPA Form 2 (2014)
When acting as an LPA Certificate Issuer, he/she should not be:
(a) A donee or replacement donee named in the lasting power of attorney or any other lasting power of attorney made by the donor (whether revoked or not);
(b) a family member of the donor or such a donee or replacement donee;
(c) a director or employee of a donee or replacement donee who is a licensed trust company;
(d) a business partner or employee of the donor or such a donee or replacement donee; and
(e) the owner, director, manager or employee of a care facility where the donor lives or is cared for (where applicable) or a family member of such a person.