Second charity calls for States to get on with Capacity Law

Tuesday 09 November 2021

The Guernsey Cheshire Home has joined Citizens Advice Guernsey in calling for the long-overdue introduction of a law on lasting powers of attorney.

Currently, the Powers of Attorney and Affidavits (Bailiwick of Guernsey) Law 1995 allows somebody to transfer authority over their affairs to another person. However, if the person transferring later loses mental capacity to pass on their authority, the transfer of power lapses.

There is currently no legal provision for lasting powers of attorney - transferring authority to someone else in a way which lasts or is permanent. Re-instating transfers of authority which have lapsed or obtaining guardianship orders as an alternative can cost thousands of pounds in legal fees. 

“This States is known to want to get things done and passing this much-needed and uncontroversial law would be a quick and easy win,” said Rob Shepherd, Chairman of the Guernsey Cheshire Home. 

“It would solve an ongoing and increasingly acute and stressful issue for the 120 people who have raised it with Citizens Advice Guernsey and would also assist half of the residents of the Cheshire Home at Shorncliffe on the Rohais who currently have the capacity to make their own care decisions but are uncertain that they will be able to in coming years."

Pictured: In April last year, the previous States agreed to introduce a Capacity Law. There are plans to establish it in phases, but it has not yet been enacted.

“The current system of waiting until an individual no longer has capacity before their relatives have to apply to the court for guardianship through advocates and medical experts, with the associated layers of bureaucracy, costs thousands of pounds, is unwieldy and sometimes causes unnecessary argument and division within families,” said Mr Shepherd.

The Capacity (Bailiwick of Guernsey) Law 2020, which has not yet been enacted, will include lasting powers of attorney.

Earlier this year, Citizens Advice Guernsey called for the new law to be introduced soon after “receiving an increasing number of enquiries from clients who are aware of the provision in the UK and Jersey for lasting powers of attorney".

The Guernsey Cheshire Home is urging States' members to take the final steps necessary this year to get the new law enacted without further delay. 

“This relatively simple legislation would make the process much more straightforward and would put the decision-making power in the hands of the individual involved, much like the case with making a will,” said Mr Shepherd.

The Committee for Health and Social Care did not provide a response in time for publication.