Islanders are being encouraged to take part in a new
consultation on a draft law in Jersey that will safeguard the
dignity and wellbeing of people who may not have the capacity to
make decisions for themselves.
The new Capacity and Self-Determination Law will replace
Jersey's customary laws on curatorship and make much needed
improvements, says Ogier's head of probate, partner Julie
She said: "As well as having a focus on people who no
longer have the capacity to make decisions, the aim of the new law
is to also enable those who have not yet lost capacity to plan for
"If implemented, the new law will create a scheme of legal
principles and safeguards governing decisions made by and on behalf
of persons who lack capacity to make such decisions
A person's capacity to make decisions may be impaired,
whether temporarily or permanently, by mental health problems, a
stroke, head injuries or dementia.
"The fundamental premise is that we are all assumed to have
capacity unless otherwise shown, and cannot be treated as being
unable to make a decision unless all practicable steps to assist
have been taken unsuccessfully," said Julie.
It is made clear that all acts done, or decisions made on behalf
of a person who lacks capacity, must be done or made in that
person's best interests.
New provisions would be introduced to entitle anyone aged 16 years
or over, with capacity, to make advance decisions to refuse
It would also be possible to grant a lasting power of attorney
providing for matters of health and personal welfare, or property
and affairs, giving people the comfort of knowing that they will
have a say in their care and treatment where they are not able to
express their wishes at the time.
The consultation is now open, with public meetings taking place
this month. Anyone wishing to comment on the draft Law has until 13
November 2015 to do so.
for details on how to take part in the consultation.
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