Sandwiched Club

My mum was most worried about what would happen if she passed away before my dad. So, she began the legal process to ensure that he would be well taken care of. This story is about what that process was like. For this story, my dad will be referred to as Mr. Butter, and my mum as Mdm Wholemeal. Hope you find this story insightful. Love, Mrs. Bacon

Mr. Butter had recently moved into a nursing home, much to the relief of Mdm Wholemeal. However, she was still worried. so, shortly after his admission, she completed her LPA.

What is an LPA?

“The (Lasting Power of Attorney) LPA is a legal document and a deed, which allows a person who is at least 21 years of age (‘Donor’) to voluntarily appoint one or more persons (‘Donee(s)’) to make decisions and act on their behalf if they lose mental capacity one day. A Donee can be appointed to act in two broad areas: personal welfare and/or property & affairs matters. The LPA also gives the Donee the authority to sign deeds on the Donor’s behalf.”

— Taken from the Ministry of Social and Family Development (Link here).

The LPA Process – The process was affordable, as she sought help from an NGO. It was also straightforward—she only needed to pay a nominal fee to have the LPA completed. With that, she had secured legal protection for herself in case she ever lost mental capacity.

However, things were very different for Mr. Butter.

The Problem: Mr. Butter Had No LPA

Since Mr. Butter had never completed an LPA, it meant that if anything happened to Mdm Wholemeal, no one would be legally authorized to make decisions on his behalf.

But what kind of decisions was Mdm Wholemeal concerned about?

Here are a few examples:

• Financial Decisions: Paying for the nursing home, handling expenses, etc.
• Healthcare Decisions: Approving vaccinations, emergency care, medical procedures, etc.
• Well-Being Decisions: Advance Care Plan arrangements, etc.

Seeking a Legal Solution

Concerned about this, she returned to the NGO for advice. They recommended a list of lawyers, and she engaged one who guided her through the process of obtaining a Court Order to nominate Court-Appointed Deputies (CADs) for Mr. Butter.

That’s where Mrs Bacon came in, along with another relative, to take responsibility for Mr. Butter’s well-being.

The Role of Court-Appointed Deputies

Once the Court Order was issued, it outlined the limits of our authority and our responsibilities as CADs.

The most important rule for CADs is that we must not act beyond the scope of the Court Order—and at times, that can be quite challenging.

Let’s talk more about those challenges in the next story.