Jersey's new capacity law comes into effect
People with diminished capacity will be better protected in Jersey from today.
A new law will come into effect, which is the first update to this type of legislation in almost fifty years.
The government passed the Capacity and Self Determination legislation in April.
It's being introduced to ensure that the decisions made for a person with reduced or no capacity are in their best interests.
Health officials say they will enable people to plan for a time when their mental capacity may become impaired.
The law brings a number of significant changes including:
Curators, who act on behalf of an islander lacking capacity, being replaced by Delegates.
Lasting Powers of Attorney for health, welfare, property and financial affairs - the first time islanders will be able to plan for the risk of future mental incapacity by granting these powers
a statutory test for mental incapacity, which asks whether an individual is unable to understand information relevant to the decision, unable to retain information, unable to use information as part of the decision-making process and/or unable to communicate the decision.
statutory wills - the Royal Court will be able to direct that a will may be executed on behalf of a person lacking capacity for all their estate, except any situated outside of Jersey.
The new law also aims to ensure that the power given to another individual is a last resort and that those wanting an LPA should be actively involved in its planning and updating.
To safeguard the rights of the individual, the new law sets out that the Courts must determine whether a person is capable or not of controlling their affairs.
The States of Jersey has said that the new law will better protect people's human rights on the island.
They also say they it specifies the treatment an individual can receive and sets out new offences relating to willful neglect and abuse.
WATCH: Policy lead Ian Dyer tells ITV Channel TV how the new law differs to what came before...