The purpose of the Capacity Law is to empower people to make their own decisions wherever possible, to allow them to plan for the future and, if they lack capacity, to ensure that decisions made on their behalf respect their basic rights and freedoms.
In April 2020, Guernsey’s States of Deliberation approved the Capacity (Bailiwick of Guernsey) Law, 2020. The Law has been registered at the Greffe having received Royal Assent, but has not yet been commenced.
Steps are being taken to plan for the implementation of the Capacity Law in phases and this includes the implementation of Lasting Powers of Attorney (LPAs). In this respect, the Committee for Health & Social Care (CfHSC) is inviting comments on the draft Ordinance, which is available here
The draft Ordinance describes the means for the creation of LPAs in respect of both ‘health and welfare’ matters and ‘property and financial affairs’. It also sets out the proposed process of registration through Her Majesty’s Greffier, together with defining and describing the requirements in a number of key areas.
Although the procedure is different from that in England and Wales, the safeguards which have been set out in the draft Ordinance have been included on the basis of comments made by consultees during the consultation on the Law itself. These safeguards are intended to protect those wishing to make LPAs in the Bailiwick context (as well as those acting under LPAs) and ensure that the relevant checks are carried out in the most appropriate way at the most appropriate time using the required expertise.
To support these procedures, a Code of Practice and forms will be drafted (in due course) to promote ease of understanding for all those involved in this process, whilst reducing the amount of paperwork required to the minimum possible.
The Committee for Health & Social Care would welcome comments on the draft Ordinance, in writing, by Friday 24th September 2021. Feedback should be sent by e-mail to: firstname.lastname@example.org