Understanding Lasting Powers of Attorney in Guernsey
3 Min Read
At some point in life, whether due to ageing, accidents, or illness, individuals may lose the ability to handle their personal matters. A Lasting Power of Attorney serves as a crucial safeguard, allowing designated individuals (attorneys) to take over decision-making responsibilities when necessary. Let’s delve into the intricacies of Lasting Powers of Attorney in Guernsey and explore their significance.
What is a Power of Attorney?
An ordinary Power of Attorney is a legal document that allows an individual (the “Grantor”) to appoint one or more trusted persons (their “Attorney/s“) to perform actions on their behalf. It expires if the Grantor no longer has capacity.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (“LPA”) remains valid if the Grantor loses capacity, so they offer individuals peace of mind, knowing that their affairs will be managed by someone they trust if they become unable to do so themselves.
How do LPAs work in Guernsey?
There are two types of LPA in Guernsey (or you can have both in one LPA):
- Property and Financial Affairs: this grants authority to the appointed attorney(s) to manage the Grantor’s finances, including property, bank accounts, and investments.
- Health and Welfare: this authorises the attorney(s) to make decisions regarding the Grantor’s healthcare, medical treatment, and living arrangements.
Who can make an LPA in Guernsey?
Only adults aged 18 and over with capacity can create a LPA, meaning they must understand its purpose and the decisions their attorney(s) can make.
Who can act as an Attorney?
An attorney must be at least 18 years old and not a bankrupt (for LPAs involving property and financial matters). It’s important to select individuals you trust to act in your best interests.
Can your attorney(s) use your LPA to manage your property and financial affairs whilst you still have capacity?
You might want your attorney(s) to have the ability to use the LPA while you still have capacity. This could be because you wish them to handle your financial matters when you are on vacation or if you are experiencing physical health issues and require assistance. If you change your mind about this after registering the LPA, you can still amend it.
Can I revoke my LPA?
You have the ability to cancel an LPA at any time, provided you have the capacity to do so.
When to make an LPA
Creating an LPA while you’re healthy ensures your preferences are documented before you lose capacity. Illnesses or accidents can strike at any time, making early planning crucial.
Can I include specific instructions in my LPA?
Absolutely. Grantors can provide specific instructions, wishes or preferences for their attorneys to follow, ensuring their preferences are upheld even if they cannot communicate them directly.
When do LPAs terminate?
LPAs terminate upon the death of the Grantor or if revoked by the Grantor before losing capacity.
Life-sustaining treatment decisions
Life-sustaining treatment decisions involve medical choices that can prolong life for seriously ill or injured individuals who cannot decide for themselves. In your LPA you can authorise your attorney(s) to make these decisions based on your wishes and what’s best for you.
In summary, it’s generally recommended to make an LPA sooner rather than later, especially as part of comprehensive estate planning. This ensures that your interests are protected in case you are unable to make decisions for yourself in the future.