Choosing a personal welfare Donee for your Lasting Power of Attorney (LPA) is a significant decision. So, what exactly is the role of personal welfare Donee in Singapore? A personal welfare Donee is someone you appoint to make decisions about your health and personal welfare if you lose mental capacity. This includes decisions about your living arrangements, medical treatment, daily care, and overall well-being.
Want to know more about selecting and guiding your personal welfare Donee? Read on for a comprehensive guide that covers the responsibilities, legal considerations, and expert tips to ensure your chosen Donee is well-prepared to act in your best interest!
What are the Responsibilities of a Personal Welfare Donee for Lasting Power of Attorney
A Personal Welfare Donee plays a crucial role in supporting an individual (the Donor) who has created a Lasting Power of Attorney (LPA). This document grants the Donee the authority to make decisions on the Donor's behalf regarding their well-being and daily life when the Donor loses the capacity to do so themselves.
Key Responsibilities:
Decision-Making: The Donee is empowered to make choices about the Donor's living arrangements, including where they reside and who they share their home with.
Daily Care: Decisions regarding the Donor's day-to-day care fall under the Donee's purview. This encompasses aspects like clothing selection, meal choices, and participation in social activities.
Communication Management: The Donee may be entrusted with handling the Donor's personal correspondence, ensuring they receive important information and maintain connections.
Social Interaction: The Donee has the authority to determine who the Donor interacts with, promoting their well-being and respecting their wishes.
Core Principles:
Best Interests: All decisions must prioritise the Donor's well-being and best interests.
Donor Autonomy: The Donee should strive to involve the Donor in decision-making whenever possible, respecting their preferences.
Acting with Care: The Donee is obligated to exercise reasonable care and diligence when fulfilling their responsibilities.
By understanding these responsibilities and adhering to the core principles, a Personal Welfare Donee can effectively support the Donor and ensure their well-being is upheld.
Dos and Don’ts of a Personal Welfare Donee for LPA
Being a Personal Welfare Donee is a significant responsibility. This role requires understanding your duties and acting in the best interests of the individual who appointed you (the Donor) under a Lasting Power of Attorney (LPA).
What to do:
Following the Law and Best Practices: Always adhere to the established legal principles ("statutory principles") and the guidance provided in the Code of Practice for Donees. These resources outline the ethical and legal framework for fulfilling your role.
Donor-Centric Decisions: Your primary obligation is to act in the Donor's best interests. This involves considering their well-being, wishes, and values when making decisions.
Following Instructions and Respecting Authority: You are authorised to make decisions within the scope outlined in the LPA. Carry out the Donor's specific instructions whenever possible.
Acting with Diligence and Care: Fulfil your responsibilities with a reasonable level of care, skill, and attentiveness.
Maintaining Integrity and Trust: Always act in good faith and uphold the confidentiality of the Donor's personal information.
Record Keeping: Maintaining clear and accurate records of your decisions and actions is crucial.
What not to do:
Avoid Personal Gain: Your role is solely to support the Donor. Never utilise your position for personal advantage.
Delegation of Authority: You are unable to delegate your responsibilities to another person. The LPA designates you as the Donee.
Resignation and Notification: If you are no longer able or willing to fulfil your role, you must inform the Donor and the Office of the Public Guardian (OPG).
By understanding your duties and adhering to these best practices, you can ensure that you act as a responsible and effective Personal Welfare Donee.
Power Restrictions for Personal Welfare Donee
This section outlines the limitations on decision-making authority granted through a Lasting Power of Attorney (LPA) regarding the Donor's healthcare and well-being. Restraint encompasses any action or threat of action using force to secure compliance with an unwanted action or restrict the Donor's movement, even without physical force. It can only be employed if the Donee reasonably believes it is necessary to prevent the Donor from harming themselves. The level of restraint must be proportionate to the potential harm and its severity.
Medical Restrictions:
Consent to Treatment: The Donee cannot give or refuse consent to medical treatment unless the LPA explicitly grants this authority. This includes participation in clinical trials.
Life-Sustaining Treatment: You are not allowed to decide whether to start or continue life-sustaining treatment for the Donor. This includes any treatment, regardless of whether it is considered extraordinary, as outlined in section 2 of the Advance Medical Directive Act.
Essential Treatment: The Donee cannot withhold consent for treatment deemed necessary by a healthcare professional to prevent serious deterioration in the Donor's condition.
Disclaimer: This information is for general understanding and should not be considered legal advice. It is recommended to consult with a legacy planning expert, like The Life Legacy, for specific guidance related to an LPA and its implications.
Introducing The Life Legacy: The Best Legacy Consultant in Singapore
Understanding the limitations and scope of a Lasting Power of Attorney (LPA) is crucial for both Donors and Donees. The Life Legacy is a leading legacy planning firm in Singapore dedicated to providing comprehensive guidance and support throughout the LPA process.
Our team of experienced professionals can assist you in:
Understanding your options: We will explain the scope of LPAs and help you determine which one best suits your wishes.
Drafting a tailored LPA: Our experts will work closely with you to draft a clear and concise LPA that reflects your wishes and complies with legal requirements.
Navigating complex decisions: We can provide guidance on sensitive issues like medical treatment and the use of restraint, ensuring informed choices are made.
Ongoing support: The Life Legacy is committed to offering ongoing support to both Donors and Donees. We can answer your questions, address any concerns, and ensure a smooth experience.
By partnering with The Life Legacy, you can gain peace of mind knowing your LPA is properly established and reflects your true intentions. Contact us today to schedule a consultation and ensure your voice is heard when it matters most.
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