Jersey has distinct legal rules for managing mental capacity and estates. A Lasting Power of Attorney (LPA) has to be set up and registered correctly. solicitors.je is an independent directory. We can point you towards Jersey firms that work in this area.
Help with a Lasting Power of Attorney
Independent, Jersey-regulated Advocates who specialise in capacity law can advise on LPAs and on registration with the Royal Court.
What a Jersey LPA can cover
A lasting power of attorney is a document in which a person aged 18 or over, with capacity, gives someone else authority to make decisions for them, including at a time when they lack capacity to decide. It is created under Part 2 of the Capacity and Self-Determination (Jersey) Law 2016.
Article 11 recognises two kinds:
- Health and welfare LPA. It only operates when the donor lacks capacity, or the attorney reasonably believes they do (Article 14). It can extend to consenting to or refusing treatment. It does not cover life-sustaining treatment unless the document expressly says so.
- Property and affairs LPA. It can be drafted so the attorney may act while the donor still has capacity (Article 11(4)). This is useful for someone who wants help with banking or property now.
Some decisions can never be made by an attorney. Article 7 excludes, among others, consenting to marriage or a civil partnership, to divorce, and to adoption, and voting in an election.
Choosing attorneys
An attorney must be 18 or over. A person subject to a declaration of bankruptcy, in Jersey or elsewhere, cannot be appointed under a property and affairs LPA (Article 12).
If you appoint more than one attorney, the document should say whether they act jointly, or jointly and severally, and for which matters. If it says nothing, Article 12(3) assumes they must act jointly, which means every decision needs all of them. An LPA cannot give an attorney power to pick their own successor, but it can name replacement attorneys in advance.
A property and affairs attorney's power to make gifts is limited. Article 15 allows gifts on customary occasions, such as birthdays and weddings, to people connected with the donor, and to charities the donor supported. Each gift must be reasonable in value given the size of the estate.
Signing and registration: the steps
An LPA has no effect until it is registered. The Schedule to the Law states that no LPA is created, and no power under it may be exercised, until the instrument is registered by the Judicial Greffe.
- Execution. The donor signs a statement confirming they have read the prescribed information and intend the LPA to apply when they lack capacity. Each attorney signs a statement that they understand their duties, including acting in the donor's best interests.
- Witness attestation. A witness of a prescribed description, who is neither donor nor attorney, attests the signatures. Where the witness sees the donor sign, they also confirm that the donor understood the LPA, and that no fraud or undue pressure was used.
- Application. The donor or an attorney applies to the Judicial Greffe in the prescribed form, with the fee. Knowingly making a false statement in the application is an offence.
- Notification and objections. The Greffe notifies those who signed the statements. Objections can be made to the Greffe within a prescribed period on limited grounds, such as fraud, undue pressure or defective execution.
- Registration. If the document is in order, the Greffe registers it and notifies the donor and attorneys. If it contains an ineffective provision, the Royal Court can sever it.
Using a UK LPA in Jersey
A power of attorney first registered in another part of the British Islands can have effect in Jersey under Article 13(2), but only once evidence of the original registration is provided to the Judicial Greffe, and only while that registration subsists. Royal Court Practice Direction RC 22/03 sets out the forms. Its template order requires the donor or attorneys to tell the Royal Court, via the Judicial Greffe, within 14 days of any change in the validity of the underlying LPA.
When an LPA comes to an end
Under Article 17, the donor can revoke an LPA at any time while they have capacity. A property and affairs LPA is also revoked by the donor's bankruptcy. An attorney's appointment ends on their death, their disclaimer, their own loss of capacity, their bankruptcy (for property and affairs only), or divorce or dissolution from the donor, unless the LPA says otherwise. A replacement attorney, or a remaining attorney appointed jointly and severally, can keep the LPA running.
If there is no LPA
Where someone has already lost capacity without making an LPA, Part 4 of the Law allows the Royal Court to make decisions or appoint a delegate to act for them. That is a court process, and the person concerned no longer chooses who acts. Making an LPA while capacity is clear avoids it.
Lasting Powers of Attorney (LPA) Asked Questions
Can an LPA created in the UK be used automatically within the jurisdiction of Jersey?
No. UK powers of attorney are not automatically recognised by financial or medical authorities in Jersey. You must either apply to the Royal Court of Jersey for formal recognition or execute a separate Jersey-specific LPA.
What is the legal requirement for registering a Lasting Power of Attorney in Jersey?
Under the Capacity and Self-Determination (Jersey) Law 2016, an LPA has no effect until it is registered by the Judicial Greffe. Advocates can prepare medical, welfare, and property documents to meet these statutory rules.
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