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Wills and Estate Jersey – Lasting Power of Attorney
While a Jersey Will deals with the distribution of your assets after you pass away, it is also essential to have provisions in place should you lose the capacity to make decisions for yourself. A Lasting Power of Attorney (LPA) protects your interests during your lifetime.
An LPA is a legal document that appoints one or more people as your attorney. That individual or individuals can make decisions about health, welfare, property and financial matters if you no longer have mental capacity.
No one likes to consider the prospect of declining mental capacity, but for peace of mind, it should be considered. Making an LPA enables you to plan how your financial affairs, health and wellbeing will be looked after, just in case. Without one, your loved ones may not be allowed to take care of you the way you wish. Hence the importance of making sure a LPA is in place as soon as possible.
We also offer support if you are acting as someone’s attorney yourself. We will help you understand your role and responsibilities and guide you through the tasks you will need to complete. Find out more about our fixed fee attorney packages by contacting our team.
What is a lasting power of attorney for?
A Lasting Power of Attorney (LPA) allows an individual who is deemed to be mentally sound to confer power upon another to act on their behalf regarding all, or specific, matters, such as the signing of legal documents. The law gives people the opportunity, while they still have the capacity, to make their own decisions regarding their financial and personal affairs and health and welfare, so that these decisions and choices will continue to take effect should they lose capacity.
Who can enter into a Jersey lasting power of attorney?
Any Jersey resident over 18 can put a Lasting Power of Attorney in place as long as they have the mental capacity.
Who can be appointed as attorney?
Generally, family and friends are appointed, though it is possible to appoint a professional executor such as a Jersey Advocate.
Is it possible to limit what the attorney can do or not do?
You can limit the power you give to your attorney so that they can only deal with certain assets and it can also be limited for a period of time.
What types of lasting power of attorney are there?
There are two types of Jersey lasting power of attorney:
- Health and welfare matters: this can cover wishes regarding medical treatment, care and life-sustaining treatment (including the refusal of such treatment).
- Property and financial matters: this can cover a power to pay debts, make provision for the payment of that person’s, or their family’s maintenance and benefit, or make financial gifts to charities or people.
Once I have a Lasting power of attorney will I need to revisit it at all?
We would suggest that you review your lasting powers of attorney from time to time as circumstances may and do change.
Can I not use the general power of attorney that I granted for my property transaction?
A general power of attorney can be used while you retain mental capacity. If you lose mental capacity, the general power of attorney will be automatically revoked.
I am the appointed attorney under a foreign enduring (lasting) power of attorney and there are assets in Jersey - can I use this foreign enduring (lasting) power of attorney in Jersey?
The Royal Court of Jersey will recognise the foreign power of attorney (or equivalent document such as a deputy order) provided that power of attorney is registered with the Royal Court of Jersey. Once registered, the Attorney appointed under the foreign document has the legal authority to deal with the assets in Jersey and this is confirmed by way of a formal Act of Court document.
Whether you are an attorney for someone else or you are about to appoint an attorney, our expert lawyers are here to assist you with your questions about the Lasting Power of Attorneys.