Lim Fung Peen - Lasting Power of Attorney: A Guide to the LPA and How to Set It Up

2019 Marshall Cavendish International (Asia) Pte Ltd

Text Lim Fung Peen

Published by Marshall Cavendish Editions

An imprint of Marshall Cavendish International

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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

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 Peens 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

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, Alzheimers 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.