The Capacity (Bailiwick of Guernsey) Law, 2020 provides powers to introduce Lasting Powers of Attorney (LPAs), which allow an individual to plan ahead for a time when they may no longer have capacity, by appointing another person as the "attorney" to make decisions on their behalf.
In order to make a valid LPA, the individual would need to have capacity to make the decision to appoint an attorney when the appointment is made. This will provide the attorney with the delegated power to make decisions in line with the beliefs and wishes of the individual, if and when they no longer have capacity to do so for themselves.
Individuals will be able to register two different types of LPA: one for 'health and welfare' matters and the second for 'property and financial affairs'.
The fee for one LPA will be £80 or if a person wishes to register both LPAs' at the same time, the fee will be £100. If it becomes necessary to activate the LPA subsequently, there will be no further fee to pay.
Application forms for registering LPAs will are available to be downloaded from the Royal Court website Lasting Powers of Attorney - Guernsey Royal Court or available for collection from the Greffe.
While individuals would be required to attend the Greffe in person to register an LPA, home visits could also be arranged where necessary and by exception.
Anyone wishing to register an LPA is asked to submit a completed form to the Greffe at Registrar@guernseyroyalcourt.gg or paper copies to, The Greffe, Royal Court House, St James Street, St Peter Port, Guernsey. GY1 2NZ. Registration staff will then contact the applicant to arrange an appointment at the Greffe. The Registration team can be contacted on 01481 225277 for any queries.
The Ordinance does not require an individual wishing to register an LPA to use an Advocate to complete and register the form but there is nothing to preclude this if they wish to do so.
The Ordinance comes into force on 1 April 2022.