Charities welcome approval of new Lasting Powers of Attorney law

Wednesday 30 March 2022

The States of Guernsey has approved the implementation of the Capacity (Lasting Powers of Attorney) Law, allowing islanders to better plan for their future.

The decision has been welcomed by the Citizens Advice Bureau (CAB) and the Guernsey Disability Alliance (GDA). Both charities have been advocating for an update in the law for years.

"I am absolutely delighted," said the Chief Executive of CAB, Kerry Ciotti.

"We’ve been pulling this issue up for many, many years to the States and we also put it out our 2020 manifesto. The fact that they’ve actually listened is wonderful, because it’ll benefit so many people who want that choice, to be able to choose who they have to have to look after them when they lose capacity."

Pictured: “This [vote] will allow us to bring in Lasting Powers of Attorney from 1 April 2022,” said the President of the Committee for Health and Social Care, Deputy Al Brouard.

The current legal framework (the Powers of Attorney and Affidavits Law 1995) allows a person to give another person the ability to make legal decisions on their behalf, but it is a complicated and expensive process which often requires the advice of an Advocate.

It also requires a person to have the mental capacity to confer their power onto someone else. Once a person loses that mental capacity, the Powers of Attorney lapse and Guardianship is required instead. Obtaining Guardianship can also be a complicated and expensive process.

The new law, which is set to come into force on 1 April, will allow somebody to grant Lasting Powers of Attorney to someone else and these powers would not lapse. 

Additionally, the need for an advocate would be removed and the process would cost £100.

Pictured: Ms Ciotti said she is delighted with the vote.

A successful vote was held to commence the Capacity Law during today’s States’ debate and a subsequent vote saw the assembly approve the Lasting Powers of Attorney section of the law.

There are further changes in legislation that will be phased in now the Capacity Law has commenced.

“We’ve prioritised this particular piece of the umbrella Capacity Law,” said the President of the Committee for Health and Social Care, Deputy Al Brouard.

Fantastic news. The States have approved the amendment of the capacity law - LPA Lasting Powers of Attorney today. (Part of the Disability & Inclusion strategy priorities). Now for the training! @DementiaGSY @AgeConcernGsy @mikereadgsy @autismguernsey @GuernseyAdvice #Guernsey https://t.co/8c2rYhm00i

— Guernsey GDA (@GDA_Disability) March 30, 2022

Pictured: The Guernsey Disability Alliance has welcomed the news too.

Deputy Al Brouard continued: “we are very pleased as a committee to get this particular piece through. 

“It’s quite a challenge and quite a complex piece of legislation.”

It was passed with only one amendment, which was laid by the law offices as a technical amendment and was intended to give greater clarity to the legislation.

"It’s a really long time coming," continued Ms Ciotti, "it's great that they’ve actually done something: I'm really chuffed".

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