In forceAmendedAs enacted

Contents

7. Persons who may provide LPA Certificate

Amended

Last amended by an amending law of 2019.

(1)

For the purposes of paragraph 2(1)(e) of the First Schedule to the Act and subject to paragraph (2), the following persons are persons of a prescribed description who may give an LPA Certificate:

(a)

a legally qualified medical practitioner who is registered as specialists in psychiatry under the Medical Registration Act (Cap. 174);

(b)

a legally qualified medical practitioner who is accredited by the Public Guardian to issue LPA Certificates; and

(c)

an advocate and solicitor of the Supreme Court who has in force a practising certificate under the Legal Profession Act (Cap. 161).

(2)

A person is disqualified from giving an LPA Certificate in respect of any instrument intended to create a lasting power of attorney if that person is —

(a)

a family member of the donor;

(b)

a donee of that power;

(c)

a donee of any other lasting power of attorney which has been executed by the donor (whether or not it has been revoked);

(d)

a family member of a donee within sub-paragraphs (b) and (c);

(e)

a director or an employee of a person other than an individual acting as a donee within sub-paragraphs (b) and (c);

(f)

a business partner or an employee of —

(i)

the donor; or

(ii)

a donee within sub-paragraphs (b) and (c);

(g)

an owner, a director, a manager or an employee of any care facility where the donor lives or is cared for when the instrument is executed; or

(h)

a family member of a person within sub-paragraph (g).

(3)

For the purposes of paragraph (2), “donee” includes a “replacement donee”.

Subregulation 1