Lasting powers of attorney is a relief to many
IT TOOK five months once Citizens Advice Guernsey expressed concerns about the need for laws relating to lasting powers of attorney to finally come into force, but many elderly islanders and their families will have welcomed its arrival on the island’s statute books last week.
Citizens Advice said last autumn that it was receiving more than one inquiry a week from families concerned at how to manage the affairs of older family members who were in worsening health, and particularly reducing mental capacity.
They were worried about what they should do, how to go about it, and also the potentially prohibitive cost of accessing guardianship applications through lawyers.
Most were also puzzled that the island already had power of attorney, but once the individual concerned starts to lose mental capacity, that power falls and a guardianship application is required.
By contrast, lasting power of attorney – a similar arrangement which lasts until death or revocation – was available in the UK and Jersey, and now in Guernsey too.
Lasting powers of attorney can be relevant for property and financial matters, and health and welfare issues, such as care treatment plans, and now it is available, it is expected that there will be something of a rush to get these powers registered with the Greffe.
‘We know that the introduction of LPAs is an important and much-anticipated development and the committee has received many enquiries about this,’ said Health & Social Care president Al Brouard yesterday.
The attorney can be a spouse, partner or friend, but they will be responsible for making important decisions about financial affairs, health and welfare of a loved one if there is a loss of mental capacity. The new law will provide some protection where the attorney acts in good faith.
Concerns raised during consultation about whether the process should be the same for health and care matters as it is for financial issues have been addressed through separate streams.
The new law will be greeted positively by families and individuals who have worried about this issue for too long, at vulnerable times in their lives.