Change to power of attorney law pleases Citizens Advice

Health & Social Care has published proposals for lasting powers of attorney, a system where a person can appoint one or more people to manage their affairs if they reach a state where they can no longer cope.

The current local legislation is considered too complicated because, while powers of attorney exist, they cease if the donor becomes mentally incapable.

And then an applicant needs to navigate through a number of legal hoops, which requires the services of a lawyer at some cost.

Even ostensibly simple things such as cancelling a Sky TV subscription or a Direct Debit with a bank can be very difficult for family members because these institutions will usually insist on speaking to the account holder.

Citizens Advice Guernsey has lobbied on the issue because it is a common source of frustration for its clients.

In 2018, it dealt with 70 cases of people needing help with the system and last year that rose to an estimated 85.

Chief executive officer Kerry Ciotti said the current set-up did not make sense and was impractical.

‘I think the plans will help reassure people who feel they’re getting older and they need help with their affairs, maybe writing a cheque, or help with getting a TV licence.

‘It’s having somebody who can act on your behalf, because as we know nowadays calling a business can be so complicated.

‘You’ve got to go through all these recordings and press this button and that button, and that can be really intimidating and daunting for elderly people, or people who just find that kind of thing difficult.

‘The important thing for us is that it’s accessible for people and doesn’t have a whole tranche of different steps.

‘We want to cut out the cost that has been involved up until now, because you have to pay for power of attorney, and then you have to pay for guardianship, and you have to go through the Royal Court; so we want it to be easier for people.’

The use of lasting powers of attorney has increased significantly in recent years in the UK.

There have been some cases nationally where pensioners have been deceived and robbed by unscrupulous family members or friends.

Ms Ciotti said sensible checks would have to be in place to make sure vulnerable people were not exploited.

‘Of course, there need to be safeguards, and I believe that Health & Social Care have added that, but you don’t want it to be so safeguarded that it is inaccessible.’

Power of attorney usually involves elderly people but can also be used by people with immobility, illnesses or learning difficulties.

It is recommended to give someone power of attorney only if you trust them absolutely.

There is also considered merit in giving power of attorney to two people, because they would have to agree before taking a financial decision.