Capacity and Self-Determination Law
The Capacity and Self-Determination (Jersey) Law 2016 is now in force.
One of a number of elements to this legisaltion is applying for a lasting power of attorney, so what is that?
Lasting Power of Attorney
What is an LPA?
LPA is the everyday term for a Lasting Power of Attorney which was introduced recently by the Capacity and Self-Determination Law (Jersey) 2016.
An LPA can be a very useful document especially if you were to ever lose mental capacity. It allows you to appoint an attorney who could make decisions on your behalf even if you later lose mental capacity. Your attorney does not need to be a lawyer and would usually be a trusted loved one or friend.
How is an LPA useful?
An LPA is useful as it can help anyone aged 18 or over plan for the future in case capacity is lost through Alzheimer’s or other mental disorders.
Making an LPA can help start discussion with your family about what you want to happen in the future
Making an LPA now makes things easier for your family and friends in the future. It will be more expensive, difficulty and time consuming for them to get the authority to act on your behalf when you are not able to give
An LPA helps guard against unforeseen life changing events that may leave you dependant on others, giving you reassurance that if you are unable to make a decision for yourself in the future the attorney (person) you choose will make these decisions for you
It allows you stay in control, is legally binding ensuring your wishes for your health, welfare, property and affairs are respected.
There are two type of LPA
Property and affairs which allow individuals to appoint an attorney (a trusted friend, relative or loved one ) to assist with affairs if struggling to cope, no longer feel comfortable to do so or for when capacity is lost.
Health and wellbeing which allow an attorney to make decision as requested for when capacity has been lost this can be put in place but only activated once capacity is lost enabling individual to stay in control and ensures wishes are followed enabling the attorney to make crucial decisions.
Both LPA can be created at the same time and registered with the States Greffe however the Health and Wellbeing will not be activated until capacity is lost.
Once capacity is lost an LPA cannot be created it will be left to family and friends to apply for a court order.
Many Thanks to Gemma Lofthouse from LPA for providing us with this information
If you would like to discuss further do feel free to pop into the office.