States of Guernsey

11/09/2021 | Press release | Distributed by Public on 11/09/2021 10:24

Capacity (Bailiwick of Guernsey) Law, 2020 - Lasting Powers of Attorney

Tuesday 09 November 2021

The Committee for Health & Social Care has been in contact with both the Citizens Advice Bureau and Guernsey Cheshire Home regarding Lasting Powers of Attorney (LPAs) following their recent interest in this important part of the 'Capacity (Bailiwick of Guernsey) Law, 2020'.

The States has very much recognised the challenges of the existing arrangements and, only a few months ago, has prioritised the implementation of the Capacity Law through the Government Work Plan.

The introduction of LPAs will allow an individual to plan ahead for a time when they may no longer have capacity by appointing another person as the "attorney" to make decisions on their behalf. The Capacity Law allows for two different types of LPA to be made in relation to 'health and welfare matters' and 'property and financial affairs'.

The Committee is very aware, having recently concluded a period of engagement on the draft Ordinance that will give effect to the introduction of LPAs, of just how important this is for the community. It has sought to prioritise the development of the necessary legal framework to enable Islanders to register LPAs in a straightforward way, whilst also maintaining the necessary safeguards.

Issues that were raised during this consultation period included details of the registration and activation processes, for example, whether there should be a requirement for an LPA to be registered in person and what documentation/certification would be required to activate an LPA.

Every effort is being made to finalise the Ordinance, which the Committee expects to publish in Quarter 1 of 2022 for a States meeting early next year.

In the meantime, progress is being made to finalise the registration process through the Greffe and complete the necessary legislative drafting, together with finalising the Code of Practice that will assist the community and organisations to understand the requirements of LPAs.