In April 2020, the States of Deliberation approved The Capacity (Bailiwick of Guernsey) Law, 2020. The purpose of the Law is to empower people to make their own decisions wherever possible, to allow them to plan for the future and, if they lack capacity, to ensure that decisions made on their behalf respect their basic rights and freedoms. The Law has been registered at the Greffe having received Royal Assent, but has not yet been commenced.
Steps are being taken to plan for the implementation of the Capacity Law in a number of phases, which includes the introduction of Lasting Powers of Attorney (LPAs).
An Ordinance has been prepared to give effect to the introduction of LPAs and the Committee is inviting feedback on the proposed Ordinance in writing.
Deputy Al Brouard, President of the Committee forHealth & Social Care, said:
"There has been a lot of interest in the introduction of Lasting Powers of Attorney since the Capacity Law was approved. We know how important it is for people to feel able to plan ahead for their future and to put in place arrangements now to support them at a time when they may no longer have the ability to make decisions for themselves."
The draft Ordinance would allow individuals to register a Lasting Powers of Attorney for 'health and welfare' matters and/or in relation to 'property and financial affairs'. The Ordinance also sets out the proposed process of registration through Her Majesty's Greffier, together with defining and describing the requirements in a number of key areas. The Ordinance will require States approval before coming into effect. Subject to the comments received, the Committee hopes to submit the finalised Ordinance to the States by the end of the year.
If you are interested in reviewing the Ordinance and providing your feedback, please visit www.gov.gg/capacitylaw. Comments are invited by Friday 24th September 2021.
Feedback will be used to finalise the draft Ordinance and to inform the Code of Practice which will accompany the Ordinance once its enacted.
