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

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Thursday 31 March 2022

Yesterday, the Ordinance giving effect to the introduction of Lasting Powers of Attorney (LPAs) was approved by the States of Deliberation.

An LPA allows an individual to be able to plan for their future and to put in place arrangements to support them at a time when they may no longer have capacity to make decisions for themselves. Individuals will be able to register two different types of LPA: one for 'health and welfare' matters and the second for 'property and financial affairs'.

The fee for one LPA will be £80 or if a person wishes to register both LPAs' at the same time, the fee will be £100. If it becomes necessary to activate the LPA subsequently, there will be no further fee to pay.

Application forms for registering LPAs will shortly be available to be downloaded from the Royal Court website www.guernseyroyalcourt.gg  or available for collection from the Greffe.

Anyone wishing to register an LPA is asked to submit a completed form to the Greffe at Registrar@guernseyroyalcourt.gg or paper copies to, The Greffe, Royal Court House, St James Street, St Peter Port, Guernsey. GY1 2NZ. Registration staff will then contact the applicant to arrange an appointment at the Greffe.  The Registration team can be contacted on 01481 225277 for any queries.

Deputy Brouard, HSC President said:

"We know that the introduction of LPAs is an important and much anticipated development in the community, and the Committee has received many enquiries about this. I am delighted that the States has approved the Ordinances and that members of the public will be able to access this important tool to help them manage their affairs."

The Ordinance does not require an individual wishing to register an LPA to use an Advocate to complete and register the form but there is nothing to preclude this if they wish to do so.

The Ordinance will come into force on 1 April 2022.

Downloads

CoP Chapter 2 - Capacity Approved 15-03-2022 CoP Chapter 3 - Best Interests Approved 15-03-2022 CoP Chapter 4 - LPA Approved 15-03-2022

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