Citizens Advice Bureau

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LOCAL INFORMATION

8.55.15
Power of Attorney

Extent:Jersey
Updated 4 October 2018

 

 Words you may need to know

 

Power of Attorney - This is a legal right you give to someone to act on your behalf

-Lasting power of Attorney ( LPA) came into force on 1st October 2018 - This is a legal right given to someone trusted that continues until it is stopped and can last until the person who has given it has died. The person who gives it (donor) may not want to, or be in a position to manage their own affairs due to ill health. In order to make a valid LPA, the donor must be over 18 years of age and need to have capacity to make the decision to appoint an attorney (a person). An attorney will have the power to make decisions on behalf of the donor's best interests. 

There are two types of LPAs:

-Health and Welfare

This type of LPA covers your personal and health care. Your attorney can only use the LPA on your behalf when you lack capacity to make the decision yourself.

The LPA should include the types of decisions you want the attorney to make. This might be all decisions; single decisions such as moving into a care home or getting help from social services; or it could be for a few specific decisions of your choosing.

You can give your attorneys the power to refuse or 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 it needs to be made. If you do not give your attorney that power, doctors would decide on the treatment that is in your best interests.

There’s another document, called an Advance Decision to Refuse Treatment (ADRT), which can also affect your treatment. Information about ADRTs is available on gov.je or through your GP.

Some people make one type of LPA, while others make both. If you wish to make an LPA for each type you’ll need to fill in this form separately for each type.

-Property and Affairs

This type of LPA covers your money and property. You don't have to own your own home or have a lot of money to make this type of LPA. This LPA works in one of two ways:

1.       your attorney can use the LPA on your behalf immediately, with your consent, as soon as it's registered. For example if you’d like help with managing your bank accounts or with paying bills

2.       you can instruct that the attorney can only use the LPA when you don't have capacity to make that decision.

 

You can apply for a Lasting Power of Attorney online here or at the Judicial Greffe.  The cost is £25.00 or reduced to £15.00 if you are in receipt of Income Support, Long Term Incapacity Allowance or Long Term Care.

You can make changes to an existing Lasting Power of Attorney online here or at the Judicial Greffe.

 

Mental capacity

This means “of sound mind". In other words, that the person has no mental illness that stops them making decisions which would  be in their best interests. Incapacity means not having a sound mind and not being able to understand or make decisions for yourself.

Donor

This is the person who is asking someone to look after their affairs or who is giving the power to someone to act on their behalf.

Attorney

This is the person who you choose to act for you. You give the power to them to do so in a written statement.

Bankruptcy

Bankruptcy is a legal procedure for dealing with debt. Someone is bankrupt if they cannot pay their bills when they are due.

Jointly and severally

Jointly means that people have to work and act together. Severally, means any one of them can act on the donor’s behalf.

 

Why do you need a Power of Attorney?

If you are going to be off island or in hospital and have things that need to be seen to, you could give what is called a Power of Attorney to a trusted, sensible friend, relative or work mate to act on your behalf.

 

How to execute (put in place) a Power of Attorney

Unless the Power of Attorney is needed to be used for a reason that needs for it to be  to be registered in the Court (see next paragraph), it can be drawn up by the person who wants someone to act on their behalf (The Donor), and a form which can be used (and is taken from the Powers of Attorney (Jersey) Law 1995) is at the end of this item. One like this would be fine for most banking purposes, although some banks may prefer the donor to use their own form so do ask. A Power of Attorney is duly executed (put in place) if it is signed by the donor, with one witness present (who is not named in the Power of Attorney), and is an adult (over 18 years).

If the Power of Attorney is needed for something which has to be registered, for example, a property sale, then the Power will need to be registered. In this case, the person who witnesses the signing must be either a Jurat, a States Member, an Advocate, a Solicitor or a Notary Public, and so that the wording is correct for registration, it is better that the power of attorney is written by a lawyer. The actual registration is done by the Registrar of  Deeds at the Judicial Greffe, but they are not allowed to help you with putting it together .

The Judicial Greffe charge a registration fee of £50. Remember  that if a lawyer is being used to prepare the document there will be extra charges for that.

 

Who can't be a donor of a Power of Attorney?

Anyone who is not of sound mind or who is certified mentally incapable may not give a Power of Attorney, and any that are given would be void. (cancelled.)

 

Who may be the Attorney?

Any adult (person over 18) who is of sound mind. The donor can make as many people attorney as they wish, and can say in the power that the attorney can appoint or name someone instead of themselves.

 

How long does the order last?

An order can be for a certain time or can run until it is cancelled by the donor. If the order had been registered, a suitable document cancelling it should be prepared by a lawyer.

A Power of Attorney stops on the death, incapacity or bankruptcy of the donor.

 

A Power of Attorney linked to a loan

Anyone lending money can get a Power of Attorney from a borrower to allow them to sell or deal with assets (goods) given as security for the loan. The order in this situation cannot be revoked or cancelled by the borrower, and would not be revoked or cancelled even if the borrower died, become incapacitated or bankrupt.

 

Powers of Attorney (Jersey) Law 1995

SECOND SCHEDULE

(Article 7(1))

FORM OF POWER OF ATTORNEY 

THIS GENERAL POWER OF ATTORNEY is made this . (day of the month). . . . . . . . . . . . . . . . . . . day of ( month). . . . . . . . . . . . . . 20 ( year). . . . . . . . . . . . . . by X ( Donor's name) of ( address). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I appoint X( Name of Attorney)  of ( their address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [or X (Name if more than one Attorney) of ( their address) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and
X  ( 3rd Attorney) of ( their address)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [jointly][jointly and severally]] to be my attorney[s] in accordance with Article 7 of the Powers of Attorney (Jersey) Law 1995

In witness whereof I have hereunto set my hand at ( address where signing is taking place). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Jersey aforesaid this  ( day of the month). . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . day of . . . ( Month). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 ( year). . . . . . .

 X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X   

Signed and delivered by the said ( Donor?). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in the presence of . ( Witnesses/s). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

 X. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .X