The proposed Capacity Law has been developed for the benefit of islanders who may be unable to make their own decisions.
The Capacity Law will apply to those aged 16 and over and sets out a process for establishing whether someone lacks capacity and then aims to support them in making their own decisions where possible while protecting their basic rights and freedoms. The law allows people to decide how they would prefer to be treated and cared for in case they lack capacity at a later stage and also allows for them to appoint a trusted person to make decisions on their behalf.
Capacity issues affect many people in making both day to day and more serious decisions. These people may be suffering with:
- dementia
- a learning disability
- mental health problems
- physical illness including stroke, serious infection or unconsciousness
Deputy Sandra James MBE said:
"I am very pleased the proposals for the Capacity Law are being brought to the States. The Law will empower vulnerable members of our community and importantly protects the rights of all to plan and make their own choices to the best of their ability be involved in discussions about care and treatment at every stage."
Ruby Parry, Director of Communities said:
"The proposed Capacity Law is an important step in providing islanders with protection when, through illness or disability, they become unable to make decisions on their own behalf. The law recognises the role of the courts in providing overall protection to the most vulnerable and will set out a clear process to ensure that professionals have a consistent framework to assess capacity and to then support decision making in a way that is proportionate and respectful of the rights of the individuals concerned.
The Law will apply to all professionals, including doctors, nurses, social workers and support staff. All staff working for HSSD will be trained to ensure they have an awareness and understanding of the law."
States Disability Officer Caroline Mullins said that the need for a capacity law had been acknowledged when the Disability Strategy was approved by the States in 2013:
"The consideration of Capacity Legislation by the States represents another step forward for the Disability Strategy. It was acknowledged in 2013, when the Strategy was approved by the States, that a law along these lines was necessary to protect those who might not be fully able to make decisions on some or all of the matters that many of us take for granted. I am therefore delighted that we are now at a point where we are looking to enshrine such protection in Law."
-ENDS-
