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"Helping protect and plan futures"

Monday 02 March 2020

"Helping protect and plan futures"

Monday 02 March 2020


Health & Social Care has achieved its top legislative priority - getting the island's Capacity Law passed.

The States' unanimous approval of the plans last week marks a "key milestone", the Committee has said.

Part of the Discrimination and Inclusion Strategy, the Capacity Law's primary purpose is to "empower people to make their own decisions wherever possible, [and] allow them to plan for the future".

It will also introduce Lasting Powers of Attorney which means people will be able to make decisions in advance, or nominate others to act on their behalf when they lose capacity.

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Pictured: The Capacity Law has been given unanimous approval by the States. 

"The decision of the States yesterday means the community will have access to legislation that will protect them and enable them to plan for their futures," HSC President Heidi Soulsby said last Thursday. "Our proposals take account of best practice and learning from other jurisdictions.

"HSC is particularly grateful to all of those organisations and individuals who have helped to shape the proposals based on their knowledge and experience of these extremely complex issues."

To get a robust capacity law over the line, HSC had to work on a number of supplementary bits of policy at the same time. These were considered alongside the law, and needed further support from the States to be finalised.

Deuty Emilie McSwiggan, a member of HSC and a representative for the Disability & Inclusion Programme Board, added: "When people aren't able to make decisions for themselves, this new Capacity Law will allow them to hand over decision-making responsibility to a trusted person, and provides sensible checks to make sure they aren't being exploited, and their personal preferences and best interests are not forgotten. As a representative of the Disability & Inclusion Programme Board, I am delighted that these proposals received the unanimous approval of the States Assembly."

Pictured top: Deputies Heidi Soulsby and Emilie McSwiggan. 

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