The Capacity and Self Determination (Jersey) Law 2016 which came into effect on 1 October 2018 introduced the concept of Lasting Powers of Attorney (LPA) into Jersey law.
An LPA is a document which allows an adult with mental capacity (the Donor) to choose another person(s) (the Attorney(s)) to make decisions on his or her behalf. There are two types of LPAs known as Property and Financial Affairs LPA (PFA LPA) and Health and Welfare LPA (HW LPA).
The PFA LPA allows attorneys to make decisions concerning the donor's finances, before and after they have lost mental capacity. The HW LPA allows the attorneys to make decisions on the donor's health and care needs, only if they have lost capacity. An individual with mental capacity can make one or both LPA.
Previously, Jersey residents could only appoint an attorney to assist with their finances through a general power of attorney. The general power of attorney was limited in use and was immediately invalid when the donor lost mental capacity – a major disadvantage. Thus, where a Jersey resident lacked capacity a Curator had to be appointed by the Royal Court to manage their affairs – an unwanted expense and inconvenience for the relatives.
The new legislation brings Jersey mental capacity law in line with English law by allowing Jersey residents to create LPAs to manage their finances, their health and care needs and to apply for a Statutory Will for someone who is not capable of making a Will themselves.
English LPAs that are correctly registered with the Office of Public Guardian (OPG) were recognised in Jersey only where it has been re-registered with the Jersey Royal Courts. The new legislation removes this additional burden and states any registered powers of attorney within the British Islands will have effect as an LPA created and registered in Jersey.
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