Lasting Powers of Attorney

Pinel Advocates can assist with preparing and registering lasting powers of attorney

Lasting Powers of Attorney

A Lasting Power of Attorney (“LPA”) is a legal document that lets you (the ‘Donor’) appoint one or more people (the “Attorneys”) to help you make decisions or to make decisions on your behalf. You decide which decisions your Attorneys may make. This provides you with more control over what happens if you have an accident or illness and subsequently lack the capacity to make your own decisions.

Capacity is the ability to make a decision. A person with capacity has some understanding of the decision they need to make and why they need to make it along with the likely consequences. An LPA helps you control decisions that affect you even when you cannot make them yourself. It allows you to choose what decisions you want to be made on your behalf, who will make the decisions and how you want the decisions made.

You can make an LPA if you are at least 18 years old and have the capacity to do so.

There are two types of LPAs:

Health and Welfare

Your Attorney(s) can only use this LPA on your behalf when you lack the capacity to make the decision yourself.

The LPA should include the types of decisions you want the Attorney(s) to make. This might be all decisions, single decisions such as moving into a care home or getting help from Social Services, or a few specific decisions of your choosing.

You can give your Attorney(s) the power to refuse to agree to any medical treatment you may need to stay alive. This will only take effect if you are unable to make that decision at the time such decision needs to be made.

Property and affairs

This type of LPA covers your money and property. Your Attorney(s) can use the LPA on your behalf immediately, with your consent, as soon as the LPA is registered. They can help with managing your bank accounts or paying bills. Alternatively, you can instruct that the Attorney(s) only to use the LPA when you lack the capacity to make decisions yourself.

Making a lasting power of attorney

You can now complete online forms to make the LPAs (go to www.gov.je and type in the search bar “LPA”, then clink on the link “Make and register a lasting power of attorney (LPA)”). The forms are user friendly and designed to be completed without legal assistance. Once the forms are completed you will need to print and sign them (along with your Attorney(s) and witness to each signature) before registering them at the Judicial Greffe.

Pinel Advocates can assist you to prepare an LPA for a clear, fixed fee. If you do wish for our assistance, please complete the form below.