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Issue with response form sees Capacity Law consultation extended

Issue with response form sees Capacity Law consultation extended

Wednesday 01 March 2023

Issue with response form sees Capacity Law consultation extended

Wednesday 01 March 2023


A consultation launched to invite comment on the incoming Capacity Law's Code of Practice has had its deadline extended after a problem with the consultation form.

The Capacity Law was approved by the States of Guernsey early last year and it has already been partly implemented, allowing people in Guernsey to be granted Lasting Powers of Attorney.

Under the previous legal framework a person was able to give another person the ability to make legal decisions on their behalf. However, it was a complicated and expensive process and required the person in question to have the mental capacity to confer their power. 

Once a person lost their mental capacity the powers lapsed and a Guardianship was needed instead. Once again, this was an expensive process that often required the advice of an advocate.

The Capacity (Lasting Powers of Attorney) Law came into force on 1 April 2022 and allows people to grant Lasting Powers of Attorney which will not lapse.

The remaining legislation will protect people aged 16 and older who have a learning disability or mental disorder that affects their ability to make a decision. The new law will bring in legislation to help people make their own decisions or help others decide if they can make their own decisions. Additionally, it’ll outline how people should be supported if they cannot make their own decisions.

Deputy Al Brouard

Pictured: The President of HSC, Deputy Al Brouard.

A consultation was launched seeking views on the Code of Practice for the law (the practical details that underpin the law). However, due to an issue with the online form - blamed on human error - the original deadline of the 3 March has been extended to the 17 March instead. 

The Committee of Health & Social Care is encouraging anyone who is interested or will be affected by the draft Code to respond: “This may be as a worker in the health and care sector, a family carer or, most importantly, people who may be directly affected by the Law because they lack, or are starting to lose, capacity to make important decisions.”

You can find out more about the consultation HERE.

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