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Why have a Jersey Lasting Power of Attorney?

Lasting powers of attorney | Private Client

While your Jersey Will set out your wishes and requests after death, it will be of no use while you are still alive.  Many people for many reasons become incapable of managing their affairs during their lifetime, this is commonly due to old age conditions, but it can also occur due to an accident or stroke.  In the past you were not able to plan for such eventualities, but thankfully Jersey now has legislation [1] that provides for Lasting Powers of Attorney.

A Lasting Powers of Attorney is a legal document that lets you appoint one or more people to help you make decisions or to make decisions on your behalf.  By entering into a Lasting Powers of Attorney you will have the comfort that you will retain control over what happens to you if you have an accident or an illness and can’t make your own decisions. You can plan and choose what decisions you want to be made on your behalf, who will make those decisions and how you want them to make those decisions.

In order to create a valid Lasting Powers of Attorney, a form must be completed and registered with the Judicial Greffier for each type of Lasting Powers of Attorney. There are two types of lasting power of attorney [2], one covers property and affairs and the other health and welfare.  The Lasting Powers of Attorney for property and affairs can operate before or after mental capacity is lost. It can allow an attorney to deal with a person’s bank accounts and bills, deal with their tax affairs etc.  The Lasting Powers of Attorney for health and welfare can only be used by your attorney when you lack capacity to make the decision yourself. Some people make one type, while others make both. If you wish to make one for each type you need to fill separate forms for each type.

You are generally free to choose whomever you want as an attorney.  The law states an attorney must be an adult that is mentally capable; they may be a spouse, relative, friend or professional adviser. You can appoint more than one attorney, in which case you will need to decide whether the attorneys’ are to act jointly or jointly and severally. A replacement attorney can also be appointed in case an attorney dies or is unable to act.

The powers that are granted to an attorney are significant.  Before you enter into a Lasting Powers of Attorney always consider taking advice from a Jersey Advocate beforehand. Getting appropriate Jersey legal advice appointing independent attorneys and including preferences and or instructions to your attorney(s) on your care, the management of your bank accounts and the family home can be invaluable and provide you with piece of mind.

For advice, assistance or further information on Jersey Lasting Powers of Attorney or any other family or Elderly Client Legal issues [3] please do not hesitate to call 630530 or email us on familylaw@parslowsjersey.com [4]

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 Jersey 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 at Parslows Jersey in the event that you require professional assurance that our information, and your interpretation of the same, is correct.