Guernsey introduces Lasting Powers of Attorney

An LPA allows an individual to be able to plan for their future and to put in place arrangements to support them at a time when they may no longer have capacity to make decisions for themselves. Individuals will be able to register two different types of LPA: one for ‘health and welfare’ matters and the second for ‘property and financial affairs’.

The fee for one LPA will be £80 or if a person wishes to register both LPAs’ at the same time, the fee will be £100. If it becomes necessary to activate the LPA subsequently, there will be no further fee to pay.

Application forms for registering LPAs will shortly be available to be downloaded from the Royal Court website or available for collection from the Greffe.

Anyone wishing to register an LPA is asked to submit a completed form to the Greffe at [email protected] or paper copies to, The Greffe, Royal Court House, St James Street, St Peter Port, Guernsey. GY1 2NZ. Registration staff will then contact the applicant to arrange an appointment at the Greffe. The Registration team can be contacted on 01481 225277 for any queries.

Deputy Brouard, HSC President said: “We know that the introduction of LPAs is an important and much anticipated development in the community, and the Committee has received many enquiries about this. I am delighted that the States has approved the Ordinances and that members of the public will be able to access this important tool to help them manage their affairs.”

The Ordinance does not require an individual wishing to register an LPA to use an Advocate to complete and register the form but there is nothing to preclude this if they wish to do so.

The Ordinance will come into force on 1st April 2022.

The Capacity (Bailiwick of Guernsey) Law, 2020 provides powers to introduce LPAs, which allow an individual (the grantor) to plan ahead for a time when they may no longer have capacity, by appointing another person as the “attorney” to make decisions on their behalf.

In order to make a valid LPA, the grantor would need to have capacity to make the decision to appoint an attorney when the appointment is made. This will provide the attorney with the delegated power to make decisions in line with the beliefs and wishes of the grantor, if
and when the grantor no longer has capacity to do so for themselves.

The Projet de Loi allows for two different types of LPA, which will confer power of attorney in relation to: (i) health and welfare matters, and (ii) property and financial affairs.

Section 28 of the Capacity Law makes provision for a registration system for LPAs to be established through the Office of HM Greffier.

It is not intended that an individual would require the support of an Advocate to complete and register an LPA, although it is understood that some people may have a personal preference for such assistance.

Ordinance-making powers

The Capacity (Lasting Powers of Attorney) (Bailiwick of Guernsey) Ordinance, 2022 sets out:

• the process required to create an LPA;
• the process required to register an LPA with HM Greffier;
• the information that must be included in order for an LPA to be valid;
• the process that must be followed to activate a registered LPA;
• the process to be followed for an LPA to be suspended (e.g. where the grantor regains capacity or for review of whether the LPA is being exercised in the grantor’s best interests), revoked or amended;
• the Committee’s powers to require information or documents from an attorney who it believes is acting inappropriately;
• the fees to be charged for registration;
• the detail of any offences made in respect of the registration and/or execution of an LPA; and
• any specific arrangements in relation to Alderney and Sark.

While individuals would be required to attend the Greffe in person to register an LPA, home visits could also be arranged where necessary and by exception.