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What if my Donor or Donee goes bankrupt or passes away? What will happen to the LPA?


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Updated by MSF

For cases where there is only 1 Donee:


When an event e.g. divorce, bankruptcy, death etc. happens to the Donor or Donee that affects the LPA, OPG must be informed of the occurrence of the event. OPG will assess and determine the status of the LPA according to the provisions in the Mental Capacity Act. The Donor and Donee(s) will be notified and receive the notices in their OPGO mailbox of the event and the resulting status of the LPA.


Note:

Suspended LPAs cannot be used by Donor and Donee(s) until the suspension is removed, with a new LPA reference number issued by OPG.


D1's power to decide on property & affairs matters is revoked because of his bankruptcy. However, he can still decide on personal welfare matters. D2's powers to decide both personal welfare and property & affairs continue to be valid.


Scenario 1: You have made an LPA appointing 2 Donees, D1 and D2, to act jointly and severally for both personal welfare and property & affairs. D1 becomes a bankrupt.


If the power of any Donee is terminated but the LPA is not revoked, a new LPA reference number and cover page will be issued by OPG but the LPA remains valid.


For cases with multiple Donees:


Revoked LPAs cannot be used by Donor or Donee(s) again for any purposes.


The reference number of the LPAs will be listed on OPGO and OPG website under ‘List of Revoked and Suspended LPAs’.


A new LPA reference number and cover page will be issued but your LPA remains valid. The Public Guardian will add a note on your LPA that D1's power in respect of property & affairs has been terminated.


Note. If your Donees are appointed to act jointly, the LPA becomes invalid as long as one of your Donees becomes unable to act.


Scenario 2: You have made an LPA appointing 1 Donee, D1, with powers to make decisions in respect of property & affairs only. You have also named R1 to be the replacement Donee in the event D1 is unable to act. D1 passed away.


Upon D1's death, OPG will add a note on your LPA that D1 has passed away and R1 has replaced him. A new LPA reference number and cover page will be issued but your LPA remains valid; R1 will be your only Donee.


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