The Capacity Law and its Code of Practice
Most of us take our ability to think clearly and make decisions for granted, but there are any number of reasons why your capacity may become impaired. These could include health problems, illness or injury.
The Capacity and Self-Determination (Jersey) Law 2016 and its Code of Practice supports people to make their own decisions wherever possible and provides protection for those who lack capacity by ensuring they are central to any decision-making process about their lives.
It allows you to plan for a time when you may lack capacity to make decisions for yourself and protects you by ensuring you are at the heart of decision-making about you.
Lasting Powers of Attorney (LPA): The law allows individuals to appoint people they trust to make decisions on their behalf through LPAs. These can cover health and welfare decisions as well as property and financial affairs.
Court-appointed delegates: The law allows the Court to choose people (called delegates) to make decisions on behalf of individuals who lack capacity to make decisions themselves.
Advanced decision to refuse treatment (ADRT): Individuals can make advance decisions to refuse specific treatments in the future, ensuring their wishes are respected even if they lose capacity.
The Code of Practice
The Law is supported by practical guidance and the Capacity and Self-Determination (Jersey) Law 2016 Code of Practice is an essential part of this. It explains how to use the law on a day-to-day basis. Decision-makers, such as delegates, attorneys or health professionals, must have regard to the Code when making best interest decisions for the person for who they act.
The principles of the Law
The five core principles are:
- a person must be assumed to have capacity unless it is established that they lack capacity
- a person is not to be treated as unable to make a decision unless all practicable steps to support them to do so have been taken without success
- a person is not to be treated as unable to make a decision merely because they make an unwise decision
- an act done, or decision made, under the Law for or on behalf of a person who lacks capacity must be done, or made, in their best interests
- before an act is done, or a decision made which is restrictive of a person’s rights and freedom of action, regard must be had to whether the purpose for which it is needed can be achieved as effectively in a less restrictive way.