Need is clear at a vulnerable time for many
INITIAL law has been approved, and the specific provisions relating to lasting powers of attorney went out to public consultation earlier this year.
But still islanders wait for the legislation to come through – with no indication that it will be particularly timely – and an update from Citizens Advice Guernsey this week revealed the need for this matter to accelerate, and quickly.
More than half a dozen people, every month, are contacting Citizens Advice for help in dealing with elderly relatives. Not in terms of healthcare, but looking after their finances and their futures.
Most of the inquiries are from adult children concerned about elderly parents with worsening health, and particularly reducing mental capacity. Their concerns are manifold. What to do, how to do it, and also the currently potentially prohibitive cost of accessing guardianship applications through lawyers.
Most will be puzzled that the island already has power of attorney, but once the individual concerned starts to lose mental capacity, that power falls and a guardianship application is required.
Many of them want to seize the opportunity of lasting power of attorneys – a similar arrangement which lasts until death or revocation – as is available in the UK and Jersey. But in Guernsey, they have to wait.
Lasting powers of attorney can be relevant for property and financial matters, and health and welfare issues, such as care treatment plans.
‘Our report indicates that islanders need it right now,’ said Citizen’s Advice CEO Kerry Ciotti. ‘This is a change that really would help people who are facing a very difficult and upsetting issue. For many families the introduction of a lasting power of attorney cannot come too soon.’
It is not the first time that Citizens Advice has raised this issue. It called for action as part of its Citizens’ Manifesto last year, highlighting four key issues troubling islanders.
These are always worrying times for people seeing their loved ones deteriorating and at their most vulnerable.
Islanders deserve a broader, simpler and more easily accessible remedy.