Source: TR EMERITUS
Chan says no to inform family members in LPA
October 10th, 2014 | Author: Editorial
Minister Chan Chun Sing
At the Parliamentary session on Tues (7 Oct), WP MP Sylvia Lim asked about what safeguards are in place to ensure that persons who execute Lasting Powers of Attorney (LPAs) under the Mental Capacity Act act independently.
The LPA allows a person aged at least 21 to appoint another person to make key decisions on his or her welfare and finances should he or she lose the mental capacity to do so.
Minister for Social and Family Development Chan Chun Sing replied that the current LPA scheme has adequate safeguards. He said that whether a person informs another family member when setting up the LPA is a personal choice.
“The most fundamental safeguard would be education on the LPA and the Act. To this end, the Office of the Public Guardian (OPG) has conducted more than 600 talks on the subject. MSF will continue to educate Singaporeans and other stakeholders so that there is greater familiarity with the LPA framework,” Mr Chan said.
He said that the LPA applicant should appoint their guardian carefully. The guardian should be someone whom the person trusts and who knows the person’s interests, preferences and beliefs, Mr Chan added.
The applicant is also required to see a certificate issuer as an independent check. The role of the certificate issuer is to certify that the applicant understands the purpose of the LPA and is not under undue pressure. Three categories of persons can be certificate issuers – practising lawyers, psychiatrists and medical practitioners accredited by the Public Guardian. All three parties – the applicant, guardian and certificate issuer – are to also have read and understood the prescribed information on the LPA form, Mr Chan explained.
“The Act has safeguards in place to ensure that the best interests of the individual are protected if he should lose mental capacity. Should a donee (guardian) not act in the best interests of the donor (applicant); the legislation provides for whistle-blowing so that the Public Guardian can investigate and take up an application to court to remove the donee (guardian),” Mr Chan assured.
Option to inform others removed from LPA form last month
Ms Lim, who is a lawyer herself, asked why an option to inform others when applying for an LPA was removed from the form last month, and whether the ministry would look at bringing it back.
Mr Chan brushed off Ms Lim’s suggestion, replying that it was removed after feedback from applicants, who could still, on their own, decide to share the information.
“Not everyone wants to inform certain family members of their decision and that is the dilemma. We leave it to the best judgment of the individual to inform the person that he wants to inform,” Mr Chan said.
PRC tour guide Yang Yin
The LPA scheme came under scrutiny after PRC tour guide Yang Yin was accused of manipulating an 87-year-old Singaporean widow, Mdm Chung Khin Chun, into signing an LPA in 2012, giving him control over her assets worth multi-million of dollars. This was done without the knowledge of any of Mdm Chung’s family members.
Mdm Chung’s niece found this out only earlier this year. She then started legal action against Yang, alleging that he took advantage of her aunt, who was diagnosed with dementia this year. Symptoms of dementia develop gradually and typically become worse over a number of years.
Ms Lim also asked if the Government would consider an “additional check” by the certificate issuers to ensure that the applicant is not unduly influenced. She highlighted that in Scotland, they would have to decide on the applicant’s independence, based either on personal knowledge or by consulting someone else.
Mr Chan said this would be up to the certificate issuer who, regardless, is expected to do the job professionally. “I can appreciate that sometimes a second pair of eyes does help but we must always be careful not to overly burden the system,” he explained, stressing that applicants should consider who they wish to appoint as guardian carefully.
He pointed out that the system here is “much more onerous” than in other countries, where in some instances a person does not need a professional to certify the LPA. It’s not known which countries Mr Chan was referring to.
Chan says no to inform family members in LPA
October 10th, 2014 | Author: Editorial
Minister Chan Chun Sing
At the Parliamentary session on Tues (7 Oct), WP MP Sylvia Lim asked about what safeguards are in place to ensure that persons who execute Lasting Powers of Attorney (LPAs) under the Mental Capacity Act act independently.
The LPA allows a person aged at least 21 to appoint another person to make key decisions on his or her welfare and finances should he or she lose the mental capacity to do so.
Minister for Social and Family Development Chan Chun Sing replied that the current LPA scheme has adequate safeguards. He said that whether a person informs another family member when setting up the LPA is a personal choice.
“The most fundamental safeguard would be education on the LPA and the Act. To this end, the Office of the Public Guardian (OPG) has conducted more than 600 talks on the subject. MSF will continue to educate Singaporeans and other stakeholders so that there is greater familiarity with the LPA framework,” Mr Chan said.
He said that the LPA applicant should appoint their guardian carefully. The guardian should be someone whom the person trusts and who knows the person’s interests, preferences and beliefs, Mr Chan added.
The applicant is also required to see a certificate issuer as an independent check. The role of the certificate issuer is to certify that the applicant understands the purpose of the LPA and is not under undue pressure. Three categories of persons can be certificate issuers – practising lawyers, psychiatrists and medical practitioners accredited by the Public Guardian. All three parties – the applicant, guardian and certificate issuer – are to also have read and understood the prescribed information on the LPA form, Mr Chan explained.
“The Act has safeguards in place to ensure that the best interests of the individual are protected if he should lose mental capacity. Should a donee (guardian) not act in the best interests of the donor (applicant); the legislation provides for whistle-blowing so that the Public Guardian can investigate and take up an application to court to remove the donee (guardian),” Mr Chan assured.
Option to inform others removed from LPA form last month
Ms Lim, who is a lawyer herself, asked why an option to inform others when applying for an LPA was removed from the form last month, and whether the ministry would look at bringing it back.
Mr Chan brushed off Ms Lim’s suggestion, replying that it was removed after feedback from applicants, who could still, on their own, decide to share the information.
“Not everyone wants to inform certain family members of their decision and that is the dilemma. We leave it to the best judgment of the individual to inform the person that he wants to inform,” Mr Chan said.
PRC tour guide Yang Yin
The LPA scheme came under scrutiny after PRC tour guide Yang Yin was accused of manipulating an 87-year-old Singaporean widow, Mdm Chung Khin Chun, into signing an LPA in 2012, giving him control over her assets worth multi-million of dollars. This was done without the knowledge of any of Mdm Chung’s family members.
Mdm Chung’s niece found this out only earlier this year. She then started legal action against Yang, alleging that he took advantage of her aunt, who was diagnosed with dementia this year. Symptoms of dementia develop gradually and typically become worse over a number of years.
Ms Lim also asked if the Government would consider an “additional check” by the certificate issuers to ensure that the applicant is not unduly influenced. She highlighted that in Scotland, they would have to decide on the applicant’s independence, based either on personal knowledge or by consulting someone else.
Mr Chan said this would be up to the certificate issuer who, regardless, is expected to do the job professionally. “I can appreciate that sometimes a second pair of eyes does help but we must always be careful not to overly burden the system,” he explained, stressing that applicants should consider who they wish to appoint as guardian carefully.
He pointed out that the system here is “much more onerous” than in other countries, where in some instances a person does not need a professional to certify the LPA. It’s not known which countries Mr Chan was referring to.
End Of Article
