Lasting Powers of Attorney
Ensuring that you have someone you trust to look after your financial affairs and your health & welfare should you lose mental capacity is extremely important.
The Capacity and Self Determination (Jersey) Law 2016 (Law) came into force in October 2018. This means that Jersey residents can now prepare Lasting Powers of Attorney (LPA) which cover their property and affairs and their health & welfare. The LPAs set out what an attorney is required to do, and how much power they have if the donor were to lose mental capacity.
Our experienced team are able to prepare the appropriate wording for both property and affairs and health & welfare LPAs. We can advise the best way, to ensure your requirements are met and wishes are dealt with appropriately by your attorney or attorneys.
We can also advise attorneys about the way in which they should use their powers when acting under an LPA and in relation to their legal obligations under the Law.
If someone has not made an LPA and loses their mental capacity, the way their financial affairs are dealt with has changed under the new Law.
If necessary, the Court will appoint one or more people as Delegates to manage that person’s finances.
Our team can advise Delegates on their duties and obligations under the Law and assist the family of someone who needs to be placed under a Delegation with the legal process.
We can also be appointed as Delegates to manage the financials affairs if required.