New Mental Capacity Law Faces Six-Month Delay In Jersey

The implementation of Jersey's new Capacity and Self Determination Law 2016, which was originally slated to come into effect in April 2018, has been delayed and is now anticipated to come into effect in October 2018.

The new law will give islanders the opportunity to make decisions about what will happen to their financial and personal affairs should they lose mental capacity. There is currently no mechanism in place in Jersey for individuals to ensure that their wishes are respected should they lose mental capacity, with no equivalent of an English Lasting Power of Attorney.

Once implemented, the new law will enable islanders over the age of 18 with mental capacity to put into place two different types of Lasting Power of Attorney, one to deal with health and welfare matters including wishes in relation to medical treatment, and another to cover property and financial affairs.