A friend passed me some notes and forms on the lasting power of attorney (LPA). Because of the *abuse of the LPA by the China tour guide, I took a closer look at the powers granted to the Donee ( (person appointed by the Donor to make decisions on his behalf) by the Donor ( person who makes the LPA), and felt shaken by the ABSOLUTE power the Donee has over the welfare and assets of the Donor – shaken in view of the fact that the China tour guide was also the sole beneficiary of the rich widow’s (the Donor’s) will.
Very often the fiduciary role of the Donee is taken for granted and there lies the loophole for abuse. But then the Law will say that onus is on the Donor to appoint someone he can absolutely trust. I feel this is dangerous for the Donor as it assumes every Donor is wise enough to pick the right Donee. What if the Donor was under duress or undue influence of the Donee to make the LPA (as in the *case of the China tour guide)? Another case of challenge to the LPA has surfaced.
As the present form of the LPA is not foolproof, I hope the Office of the Public Guardian will refine the LPA and ensure that it is 100% foolproof.
*The China tour guide has not been convicted of the charges brought against him.