Capacity and Self-Determination (Miscellaneous Provisions and Prescribed Fees and Forms) (Jersey) Order 2018 – amendment
REPORT
- The Minister wishes to amend Article 3 of the 2018 Order so that:
(a) ‘Members of the clergy’ shall be added to the prescribed list of witnesses set out in (a) to (i), which applies to the witnessing of a signature by P or A pursuant to paragraph 1(1)(c) of the Schedule to the Capacity and Self-Determination (Jersey) Law 2016; and
(b) it provides that for the purpose of witnessing the signature of ‘A’, the prescribed description of ‘W’ should be any person in the prescribed list of witnesses set out in (a) to (i)[j] or a person who is over the age of 18, who is not P or A to the LPA and who has known A for 2 years or more.
- The Minister proposes that provision be added to the 2018 Order for a 10 day period to be prescribed for the purpose of Paragraph 5(1)(b) of the Schedule to the CSDL. The prescribed period is the period of 10 days beginning with the day after the day on which the notice is sent.
- The Minister wishes to amend Article 11 of the 2018 Order so that:-
(a) the forms prescribed, for the purposes of paragraph 1(1) of Part 1 (form of instrument conferring a lasting power of attorney) and paragraph 1(2) of Part 2 (application for registration of lasting power of attorney) of the Schedule to the CSDL are replaced.
The revised application form will form part of the instrument. The instrument will be a form of certification confirming that the requirements of Part 2 to the Schedule of the CSDL have been complied with and the Lasting Power of Attorney duly registered and will be appended to a copy of the application;
(b) Article 11(2) is amended as follows:
(i) Form 1 is to be removed and not replaced. The reason being that this form is used by Managers of relevant places (for the purposes of this Part a “relevant place” means a hospital (except any accident or emergency department of a hospital), an approved care home or any establishment regulated under the Regulation of Care (Jersey) Law 2014, or designated by the Minister, for the purpose of providing health or social care) to request an assessment for a Significant Restriction on Liberty.
This form requires constant development to meet the needs of the user and so to have the form unprescribed will allow the flexibility required for this;
(ii) Form 2, Acknowledgement of application for registration of lasting power of attorney (Schedule, Part 2, para 2), shall be replaced with a new Form 1 addressed to P (the donor) and copying in the Attorneys and Replacement Attorneys; and
(iii) Form 3 Notification of registration of a lasting power of attorney shall be replaced by four new letters:
New Form 2: a letter to P (the donor) enclosing the registered LPA for health and welfare;
New Form 3: a letter to P (the donor) enclosing the registered LPA for property and affairs;
New Form 4: a letter to all A (attorneys and replacement attorneys) informing them of a registered LPA for health and welfare; and
New Form 5: a letter to all A (attorneys and replacement attorneys) informing them of a registered LPA for property and affairs.
These four new letters are tailored such that they highlight key and relevant information about LPAs, which is important that those groups of individuals know.
- The Minister wishes to introduce an additional attestation as part of P’s (the donor) and A’s (the attorney and replacement attorney) execution requirements on the application form. This attestation is a form of self-declaration as to the attorney being a fit and proper person to act. This will apply in the case of both individual and corporate attorneys.
Mental Health Law Administrator & Assistant Registrar, Probate and Protection
17 February 2020