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Lasting Powers of Attorney Guidance | Wills Succession and Estate Planning | Parslows Jersey

The Capacity and Self-Determination (Jersey) Law 2016 will finally come into force in Jersey on 1 October 2018.

Lasting Powers of Attorney Guidance

Jersey | Lasting Powers of Attorney Guidance

Jersey residents will be able to enter into to Lasting Powers of Attorney from 1 October 2018.

Lasting Powers of Attorney – Types

There are two types of Jersey Lasting Powers of Attorney:

Health and Welfare

Health and Welfare Lasting Powers of Attorney focus on decisions such as those about one’s daily routine and medical care.

This type of power of attorney only applies when an individual lacks the capacity to make a decision for themselves.

Property and Affairs

The Property and Affairs Lasting Powers of Attorney relates to an individual’s activities and decision making that would not fall within the remit of a Health and Welfare Lasting Powers of Attorney. By way of example, it would allow the Attorney to deal with the donor’s assets so that they could pay their bills, deal with their banking or selling their assets.

Lasting Powers of Attorney – Requirements to be an attorney

Health and Welfare

An Attorney for Health and Welfare must be an individual over the age of 18 and pass the capacity test.

Property and Affairs

An Attorney for Property and Affairs can be either:

  • an individual (in which case they must be over the age of 18 and pass the aforementioned capacity test) or
  • a trust company or law firm.

The same Attorney can be appointed for both types of Lasting Powers of Attorney.

Lasting Powers of Attorney – witnessing amendments and cancellation

Lasting Powers of Attorney must be witnessed by a professional and registered with the Judicial Greffe so that they become statutory instruments.

Lasting Powers of Attorney can be updated, amended or cancelled by the individual at any time so long as they have capacity to do so. It should also be noted that the Court can decide on any questions of validity or unclear meaning and can also remove any Attorneys that it deems to be unfit.

 

Jersey Wills, Succession and Estate Planning

Natalie Jenner | Partner | Wills Succession and Estate Planning

For advice, assistance or further information on Jersey Lasting Powers of Attorney  or any other family issues  please do not hesitate to call 630530 or email us on familylaw@parslowsjersey.com


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