Ferbrache & Farrell welcomes new Capacity Law

Ferbrache & Farrell has welcomed news that Lasting Powers of Attorney (often called ‘LPAs’) are a step closer to being implemented in the Bailiwick of Guernsey.

From April 2022, islanders will be able to make advance decisions on matters such as their own health and welfare and their own property and financial affairs. The Capacity (Bailiwick of Guernsey) Law, 2020, has been in the pipeline for some time. If States members give it the final seal of approval next month it will mean big changes to the way islanders are able to plan for their futures.

‘Currently if someone has made a Power of Attorney, and they then lose mental capacity – the ability to make decisions – then the Power of Attorney will cease to have effect.  The new Lasting Powers of Attorney are different, in that they will continue to have effect after someone loses their mental capacity. This flexibility means islanders can plan for their future effectively,’ explained Advocate and Managing Partner Alastair Hargreaves.

‘Ferbrache & Farrell warmly welcomes the development of the new Lasting Power of Attorney regime which will provide flexibility to islanders to futureproof their decision making, and when needed most in their lives.’

The Capacity Law envisages two types of Lasting Powers of Attorney; the first type relating to health and welfare and the second type relating to property and financial affairs.

Lasting Powers of Attorney are available for anyone who has reached 18 years of age, has the mental capacity to execute the relevant LPA, has the mental capacity to apply to register the LPA(s), and legislative provisions on the subject are met.

‘It is not possible to make an LPA if mental capacity has been lost, so it is most prudent to enter into such arrangements sooner rather than later if the decision to do so has been made,’ said Advocate Hargreaves.

An Advocate is not needed to implement a LPA (but can assist if needed). It is intended that the LPA form can be downloaded from the Royal Court website (www.guernseyroyalcourt.gg), and once completed it would be taken to the Greffe for registration (by appointment only).  The fee for a single LPA would be £80, and for both LPAs would be £100.