The States Assembly has unanimously approved the propositions for a new Capacity Law from the Committee for Health and Social Care in Guernsey.
It is a key milestone for the Committee, which made the development of the legislation its top legislative priority this political term. A number of supplementary policy matters had to be considered in parallel which needed further support from the Assembly in order to finalise the Law.
This new legislation is an important part of the Discrimination and Inclusion Strategy. The principal purpose of the Law is to empower people to make their own decisions wherever possible, allowing them to plan for the future. It will also introduce Lasting Powers of Attorney which means people will be able to register their wishes in advance or nominate others to act on their behalf when they lose capacity.
Deputy Heidi Soulsby, President of the Committee for Health & Social Care, said: “The decision of the States means the community will have access to legislation that will protect them and enable them to plan for their futures. 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.”
Deputy Emilie McSwiggan, Member of the Committee for Health & Social Care and a representative of 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.”
The Law will now be finalised and published for States approval this political term. In addition, an implementation plan across health and social care and with key partners in the community, will enable a phased implementation of the legislation starting in 2021.
