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The role of the LPA Certificate Issuer is an important one in the whole process of preparing and executing a Lasting Power of Attorney. He acts as a safeguard to ensure:
a) the donor understands the purpose of the LPA and scope of authority conferred under it;
b) no fraud or undue pressure is being used to induce the donor to create an LPA; and
c) there is nothing else that will prevent an LPA from being created.
This role remains the same for the revised LPA Forms (2020).
The CI should note the following changes:
a) There is no separate Application Form as it has been merged with Form 1/2.
b) The donor is the default applicant. c) CIs are required to sign on the following pages:
i) Form 1: Page 11 as a witness for donor and Page 12;
ii) Form 2: Page 22 as a witness for donor and Page 23;
d) There is no longer a ‘Prescribed Information’ page. This has been revised to an ‘Important Information’ page with instructions on how to complete the LPA.
FAQs for LPA Forms (2020)
a) A donee or replacement donee named in the lasting power of attorney or any other lasting power of attorney made by the donor (whether revoked or not);
b) a family member of the donor or such a donee or replacement donee;
c) a director or employee of a donee or replacement donee who is a licensed trust company;
d) a business partner or employee of the donor or such a donee or replacement donee; and
e) the owner, director, manager or employee of a care facility where the donor lives or is cared for (where applicable) or a family member of such a person.