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Jersey | Lasting Powers of Attorney | at last a law change to assist the vulnerable in Jersey

Jersey Lasting Powers of Attorney

Parslows Jersey Lasting Powers of AttorneyOn 14 September 2016 the States of Jersey adopted the Capacity and Self-Determination (Jersey) Law (the “Law”).  The Law is due to come into force in April 2018 and will enable Jersey residents to put in place legally binding arrangements (such as Lasting Powers of Attorney) for the future of their finances and welfare should they not have the capacity to make certain decisions for themselves in the future.

The Law brings in changes to a number of areas:

  • There is a presumption that a person has capacity unless it is established otherwise;
  • The Law provides a framework that should enable people to make their own decisions insofar as possible and the law provides that a person is not to be treated as unable to make a decision unless all practicable steps to help them make the decision have been taken without success;
  • For the first time, a Jersey resident will be able to plan for the risk of future mental incapacity by granting Lasting Powers of Attorney in respect of health and welfare matters and also property and financial affairs.
  • The Law will also enable a person to make a decision to refuse treatment if they should lose capacity to give (or refuse) consent in the future.
  • The Law will also replace the current Curatorship system with the appointment of Delegates by the Royal Court for those who have lost capacity and have not put in place Lasting Powers of Attorney.

Lasting Powers of Attorney 

The Law will include provision for Lasting Powers of Attorney which will enable Jersey residents to plan for the risk of future mental incapacity by appointing another person(s) to make decisions on their behalf.  There will be two types of Lasting Powers of Attorney, which can be performed either both by the same person of by difference people acting alone or jointly relating to:

  1. Health and welfare-this would include making decisions about matters concerning medical care, where they are to reside and life sustaining treatment;
  2. Property and financial affairs- this would include making decisions about money and property, such as paying bills, collecting benefits and selling assets.

The Law is a positive development towards protecting the vulnerable in Jersey.

Current position

Under the current system, an individual may put a power of attorney in place, granting power to another person to act on their behalf and on their instruction.  However, that power of attorney will lapse when the individual loses capacity and, at that point, a Curator must be appointed by the Royal Court.   The powers of a curator are, however, limited because the powers of a Curator are limited to only include the managing of the financial affairs of an individual.   The Curator, however, has no power to make decisions in respect of the care of that individual.

For an informal chat about your Jersey Lasting Powers of Attorney please contact Natalie Jenner at Parslows Jersey on T:860638 or E: natalie.jenner@parslowsjersey.com

Please note that the information provided on this website is for general information purposes only and is designed to provide you with an outline of the legal services we offer.  Whilst we endeavour to ensure our information is correct and useful, we make no representations or warranties regarding the accuracy or completeness of the information offered.  Information on our website does not constitute legal advice and Parslows accepts no liability for any loss or damage arising out of, or in connection with, the information found in this website.  Please consult a lawyer in the event that you require professional assurance that our information, and your interpretation of the same, is correct.


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