Make and register a lasting power of attorney (LPA)

A lasting power of attorney (LPA) is a legal document that lets you (the 'donor') appoint one or more people (known as 'attorneys') to help you make decisions or to make decisions on your behalf.

This gives you more control over what happens to you if you have an accident or an illness and can't make your own decisions because of an impairment that is affecting your thinking (you 'lack capacity').

To make a lasting power of attorney, you must:

• be 18 years or over
• be a Jersey resident; and
• have capacity (the ability to make your own decisions) when you make your LPA

There are two types of LPA:

• health and welfare
• property and financial affairs

You can choose to make one type or both. You'll need to complete two separate applications if you choose to make both LPAs.

Health and welfare lasting power of attorney

Use this LPA to give an attorney power to make decisions about things like:

• your daily routine, for example washing, dressing, eating
• medical care
• moving into a care home
• life-sustaining treatment

It can only be used when you’re unable to make your own decisions.

Property and financial affairs lasting power of attorney

Use this LPA to give an attorney the power to make decisions about money and property for you, for example:

• managing a bank account
• paying bills
• collecting benefits or pensions due to you
• renting or selling your home

It can be used as soon as it’s registered, with your permission, or you can choose that your attorney can only use the LPA when you’re unable to make your own decisions.

Can a Jersey LPA be used outside of the Island?

Jersey LPAs are designed for use within the Island. Their recognition outside of the Island of Jersey will depend on the laws of the other jurisdiction.

If you have UK assets (such as shares or a UK bank account) you can make and register a UK LPA with the Office of the Public Guardian to deal with those assets. Otherwise your attorney might need to apply to the UK Court of Protection asking that it recognises the Jersey LPA.

What is a lasting power of attorney?

A Lasting Power of Attorney (LPA) is a legal document that enables you to appoint someone (known as an attorney) to help make decisions on your behalf. If you are no longer able to manage your own affairs, for example through a condition like dementia or a life-changing accident, your attorney can step in to make decisions for you.

What does a Lasting Power of Attorney cover?

There are two types of LPAs, which cover a whole range of considerations relating to your life, health and finances:

• A Lasting Power of Attorney for Health & Welfare can only be used when a person is unable to make decisions for themselves. The attorney will have the responsibility of making decisions on day-to-day care, including eating and washing, where you live and the medical care you receive such as life sustaining treatment
• A Lasting Power of Attorney for Property & Financial Affairs covers decisions in relation to your financial and property matters. This includes your bank accounts, pensions, investments, selling your property and even matters such as dealing with benefit claims and liaising with utility companies

Do I need a Lasting Power of Attorney if I have joint bank accounts?

Many couples think they don’t need an LPA because they already have joint bank accounts and make joint decisions. But if you become mentally incapable of managing your finances then you can no longer consent to the continued use of, and access to, the joint bank account by the other joint account holder. As a result, the bank could freeze and limit access to the funds. Having an LPA ensures that the other joint account holder can continue to manage the finances without interruption.

Will I lose control of my finances if I set up a Lasting Power of Attorney?

Your attorney will not have free rein over your personal affairs without your authority. Attorneys must comply with the Capacity and Self-Determination (Jersey) Law 2016 and its Code of Practice.

When setting up a Property & Financial Affairs LPA there is an option for the attorney to start managing your affairs straight away, or only when you have lost the capacity to do so. Therefore, it does not mean that when the LPA has been registered you automatically are no longer in control of your finances.

You may wish for the attorney to have the ability to assist you immediately with certain matters or in certain situations, such as if you are hard of hearing, have impaired vision or if you are unwell and are unable to attend to your affairs yourself, but they can only assist with your permission.

If you or another person has a concern with the actions of an attorney acting on your behalf they can raise this with the Viscount who can investigate decisions made and actions taken by the attorney on your behalf.

Who can be an Attorney?

An attorney can be anyone over the age of 18. They don’t have to live in Jersey but they do have to have the mental capacity to make decisions for themselves. Many people choose a family member to act as their attorney, but you may want to appoint a close friend, partner or a professional, such as a solicitor.

Choosing an attorney is an important decision. It must be someone you can trust to always act in your best interests and, wherever possible, allow you to make decisions yourself.

When deciding who to choose as your attorney, consider:

• do you trust them to make decisions in your best interest?
• how well do you know them?
• how well do they look after their own affairs?
• how easy will it be for them to manage your property and financial affairs, including paying your bills and liaising with your bank and other organisations especially if they live abroad?

Some people decide to appoint more than one attorney and you can also nominate other people to replace your attorney(s) in the event of death, or if they can no longer act on your behalf. In this case, you will need to decide whether the attorneys act together in all decisions or if they can potentially act independently of one another. Allowing attorneys to act independently provides greater flexibility and can be helpful if, for example, one of the attorneys is away or when an urgent decision needs to be made or a bill paid.

What happens if I don't have Lasting Power of Attorney?

In the event that you lose capacity to make decisions and you do not have an LPA, it may be necessary for the Court to appoint a Delegate who will make decisions relating to your property and financial affairs in your best interests. Applications may be received from family members, close friends or professional delegates, for example lawyers who are expert in this area of law. Professional delegates are remunerated out of the person’s funds for who they act. This could mean that someone is appointed to act for you who you would not personally have chosen.

How long does a Lasting Power of Attorney last and does it continue after death?

The LPA will end on your death. The attorney will no longer have powers to make decisions on your behalf. Your estate will then be administered according to the wishes set out in your Will, or under the rules of intestacy if you do not have a Will.

When should I make a Lasting Power of Attorney?

It is best to set up an LPA as early as possible, even if you currently have no signs of ill health. You can make an LPA at any time after the age of 18. While most of us associate these legal documents with later life, sadly they sometimes come into play much earlier. If you have a life changing accident or illness, for example, having an LPA in place will help ensure your wishes are followed.

You must make an LPA while you have the mental capacity to make decisions. An LPA ensures that you get to choose your attorneys and decide on any preferences you wish them to carry out.

How do I make a Lasting Power of Attorney?

To set up a Lasting Power of Attorney you must complete an application form online (there is no paper application form). This can be found on the Lasting Power of Attorney page. If you do not have access to, or are not familiar with using, a computer you can ask a family member or a close friend to assist you complete and print off the online application form.

An LPA must be registered with the Judicial Greffe before it can be used. You will need to apply separately for the two different types of LPAs: Health & Welfare and Property & Financial Affairs.

Once you have submitted your completed application forms to the Judicial Greffe, registration usually takes between six to eight weeks.

Can I do my own Lasting Power of Attorney?

Some people choose to draft and set up an LPA themselves, while others choose to appoint a lawyer to help.

If you choose to draft the LPA yourself or with the assistance of a relative, friend or an organisation such as the Citizens Advice Bureau, lots of guidance and helpful information can be found on the Lasting Powers of Attorney page on the Government of Jersey website www.gov.je.

Can I make changes to my own Lasting Power of Attorney?

Once an LPA is registered you can’t make changes to it. You can however, choose to revoke (cancel) it and make a new LPA as long as you continue to have capacity. You should contact the Judicial Greffe’s Protection Division in the first instance.

If you're helping someone, like a friend or relative, to complete an LPA online, they must make all the decisions relating to the LPA themselves. If they can't make these decisions anymore, you can't make an LPA for them.  Instead, you can contact the Judicial Greffe, who will explain how to apply to the Royal Court to appoint a delegate (you or another person) to assist them.

The people you choose to assist or to make decisions for you are called attorneys.  You can choose one or more people to be your attorney.  If you appoint more than one, you must decide whether they’ll make decisions separately or together.

Find out more about the role of attorneys: property and affairs attorneys and health and welfare attorneys. 

Who can be your attorney

Your attorney needs to be 18 or over and must have the capacity to make their own decisions.  They do not need to live in Jersey.  They could be:

• your wife, husband, civil partner, or partner.  But if your relationship breaks up, they usually have to stop being your attorney unless you say in your LPA they can continue
• other family member
• friends
• people you trust
• a professional, like a solicitor or an accountant (professionals usually charge fees)

When choosing an attorney, consider:

• how many attorneys you want to appoint and, if more than one, whether they can work together
• whether they know and understand you well enough to make decisions for you
• whether you trust them to make decisions in your best interests
• whether they have the skills to act under the LPA.  For example, do they manage their own affairs well?  Are they good with money?

Don't feel you have to choose someone just to avoid offending them. If you want them to feel involved, you could make them a 'person to notify' instead.

Replacement attorneys

When making your LPA you can nominate other people to replace your attorney(s) if at some point they cannot act on your behalf anymore.

Consideration should be given to choosing replacement attorneys if you have specified that certain decisions must be made ‘jointly’ (together) by your attorneys.  If one of your original attorneys can no longer act for you, for example, through illness, then your replacement attorney must join your remaining original attorneys to make those joint decisions. 

If you choose not to appoint replacement attorneys but have specified that certain decisions must be made ‘jointly’ then the remaining attorneys can no longer make those joint decisions unless you specify that they can in the instruction box of the LPA application.  By way of example, you might state:

"If one of my original three attorneys can no longer act for me due to illness, death or another reason, my remaining two attorneys may continue to make the joint decisions I have specified together.  If a second of my original attorneys is unable to fulfil the role of attorney then my last remaining original attorney must make all decisions for me in their sole capacity."

Attorneys and bankruptcy

A person who is bankrupt can’t be an attorney for property and financial affairs. 

If an attorney for property and financial affairs becomes bankrupt after being appointed, they can no longer act for you or be your attorney.  They can still be an attorney for health and welfare.  The Judicial Greffe must be informed of this change in circumstance. 

When you create a Lasting Power of Attorney (LPA), you can pick people you trust, called attorneys, to make decisions for you.  You can decide how much control and freedom they have in making those decisions.

You can choose for your attorneys to make decisions:

• Solely
• Jointly
• Jointly and severally
• Jointly for specific decisions and Jointly and severally for all other decisions

Solely means you are only appointing one attorney to make decisions for you.  They do not need to consult with anyone else and have full authority from you to act on their own. 

Example:

If you appoint just one attorney, that person has the sole authority to make decisions for you. For example, about paying bills; moving your money to a new bank account giving better interest; renting out or selling your property; consenting to medical treatment or a move into residential care.

Jointly means that all the attorneys you name must agree a decision – like a committee. They must all be involved and sign up without exception.  This ensures that no single attorney can make a decision without the others’ consent.

The law does not allow for a majority of attorneys to make a decision (majority decision).  If all attorneys cannot agree the decision then it cannot be made.  In that case, your attorneys can apply to the Court to make the decision.

A drawback to appointing joint attorneys is that the LPA becomes void if one attorney becomes unwell, dies or loses capacity and can no longer act for you.  To avoid this happening, you could consider:-

• appointing a replacement attorney to step in for the attorney who can no longer act.

OR

• specifying in the LPA that if one of your original attorneys acting jointly can no longer act you would wish for the remaining original attorneys to continue to act making decisions jointly and where only one original attorney is left able to act for you then they should continue to make all decisions in their sole capacity.  By way of an example, you might state:

"If one of my original three attorneys can no longer act for me due to illness, death or another reason, my remaining two attorneys may continue to make the joint decisions I have specified together.  If a second of my original attorneys is unable to fulfil the role of attorney then my last remaining original attorney must make all decisions for me in their sole capacity."

Example:

If you have two attorneys and they are appointed jointly, both must agree and sign off on any decision, such as paying a bill; moving some money to a bank account giving a better rate of interest; renting out or selling a property; consenting to medical treatment on your behalf or agreeing a move to a care home, if required.

If one of your two attorneys can no longer be your attorney, for example through ill-health, then your remaining attorney can no longer act for you and the LPA is invalid, unless you have stated in your instructions that in such circumstance the remaining attorney can continue to act for you in their sole capacity (they are in effect a replacement attorney for the original committee of attorneys) or you have appointed replacement attorney(s) who can step in and make all decisions jointly with the remaining original attorney. 

Jointly and severally means any one attorney can decide a course of action on their own without the agreement of the others.  This is often considered to be most practical. You don’t need a committee to pay a utility bill.  But it is best if all attorneys discuss between them major decisions and share all information on a regular basis.

Example: 

If three attorneys are appointed jointly and severally, any one of them can make the decision to pay a bill; move money to get a better rate of interest; to rent or sell the property on their own, consent to medical treatment or they can decide together.

If one attorney can no longer be your attorney for reasons of ill-health, then the remaining two attorneys can continue to act for you making decisions by themselves or together (jointly and severally) as they choose.

Jointly for specific decisions and jointly and severally for all other decisions. This arrangement allows you to balance the need for careful consideration on major decisions with the flexibility for handling everyday matters efficiently.  It means:

For specific and important decisions, all appointed attorneys must agree and act together (jointly).  These decisions typically include major actions like selling a property; making significant financial investments; consenting to medical treatment or agreeing a move into residential care.  Every attorney must be involved and consent to the decision, ensuring a collective agreement.

If one of your joint attorneys can no longer act for you then those joint decisions cannot be made, unless you have stated in your LPA that you would wish for the remaining attorneys to continue to act jointly, and if only one attorney left that they continue in a sole capacity, making all decisions OR you have appointed a replacement attorney(s) who can step in to make the joint decisions with the remaining original attorneys.

For all other decisions, any one of the attorneys can make the decision independently of the other attorneys as required.  This provides flexibility and efficiency for day-to-day matters, such as paying bills, managing routine financial transactions or your daily care routine.  Each attorney has the authority to act alone without needing the agreement of others.

Example:

Jointly: You might require all attorneys to agree on a move into residential care; consenting to life sustaining treatment; breaking an investment to raise funds for your ongoing care or selling your house. This ensures that such a significant decision is carefully considered by everyone involved.

Jointly and Severally: For managing your bank account or paying utility bills or making decisions on your daily care routine any one of your attorneys can handle these tasks on their own, making the process quicker and more convenient.

You need to decide if you want your attorneys for property and affairs to handle property transactions if you can’t make the decision yourself.

• If you give them authority:  Your attorneys can buy, sell, secure a loan against your property - including a LTC property bond, regularise boundary issues and other transactions on your behalf if it is in your best interests
• If you don’t give them authority:   Your attorneys can’t commit to any purchase, sale, loan or other transaction at Court.  They would need to apply to the Royal Court for permission if such a transaction is necessary in your best interests

Life-sustaining treatment is care, surgery, medicine, or other help from doctors needed to keep someone alive. It can include:

• Serious operations like heart bypass surgery
• Cancer treatments like chemotherapy or radiotherapy
• Organ transplants
• Artificial nutrition or hydration (food or water given other than by mouth)

Whether a treatment is life-sustaining depends on the situation.  For example, antibiotics could be life-sustaining for someone with pneumonia.

Decisions about life-sustaining treatment can be needed unexpectedly, for example if a routine operation doesn't go as planned.

You need to decide what you want to happen if you need medical help to stay alive and you cannot make the decision yourself:

• If you choose to give your health and welfare attorneys the authority to make life-sustaining decisions for you, they can speak to doctors on your behalf.
• If you don't want your attorneys to decide about life-sustaining treatment, you might decide to make an Advance Decision to Refuse Treatment (ADRT) to let everyone know the treatments you don't want if you can't make your own decisions.
• If you decide not to give your attorneys the authority to make life-sustaining decisions and you haven't made an ADRT, doctors will make these decisions for you.  They must:

1. 1. assess what's in your best interests
   2. consider the views of your attorneys, family members and others involved in your welfare
   3. consider what you've said or written about life-sustaining treatment, including any guidance in your LPA

You can let your attorneys know your preferences (wishes) and instructions about life-sustaining treatment to guide their decisions.   If you feel your attorneys understand you well enough, you might not need to set out your preferences and instructions in your LPA.

Guidance on writing preferences and instructions can be found on this site.  If you're uncertain about writing preferences or instructions regarding life-sustaining treatment or require assistance, consider seeking legal advice.

You can give your attorneys instructions or tell them of your wishes (preferences) in your LPA, but it’s not required.  You may prefer to talk to them directly about how you’d like them to act for you. If you choose not to give your attorneys direction, they can make decisions they think are best for you as situations arise.

Preferences are what you'd like your attorneys to consider when making decisions for you. They don’t have to follow these preferences but should keep them in mind to act in your best interests.  When writing preferences in your LPA, use words like 'prefer' and 'would like' instead of ‘must’ and ‘shall’ to show that you're giving advice.

Instructions tell your attorneys what they must do when acting for you.  Use words such as ‘must’, ‘shall’ and ‘have to’ when writing instructions.

Here are some common mistakes to avoid when writing instructions and preferences, along with examples of valid ones.

1. You can’t change the way attorneys are appointed to act

Don’t tell your attorneys to make decisions one way, then give instructions that make them act differently.  For example, if you want your attorneys to act “jointly and severally” (meaning they can make decisions alone or together), don’t include instructions like:

• one attorney must follow another attorney’s decisions
• one attorney handles business matters, and another handles personal matters.  You can make two separate LPAs for property and affairs
• a majority decides if attorneys disagree
• some decisions must be made together.

If you want some decisions made together, appoint them to act ‘jointly for some decisions and jointly and severally for other decisions’. Specify in your instructions which decisions should be made together.  Your LPA won’t work if you include conflicting instructions.

2. Be careful with making gifts and money arrangements

There are strict rules about the gifts your attorneys can give on your behalf.  They can give gifts to your family, friends, associates or themselves on ‘customary occasions’ like weddings, anniversaries, birthdays and religious holidays.  They can also donate to charities you’ve supported previously.

You can’t make it compulsory for your attorneys to give gifts or use your money to support others as you did when you had capacity.  Such instructions will be invalid because they might prevent your attorneys from acting in your best interests.  Your attorneys need to consider if the gift is reasonable based on your financial situation at the time. 

If you want your attorneys to make such gifts if your circumstances allow, you should state this as a preference.

Examples of gifts you can’t authorise unless stated as a preference include:

• Paying school fees for grandchildren
• Giving interest-free loans to family
• Supporting any family member other than your spouse, civil partner or a child aged under 18 years

Your attorneys will need to apply to the Royal Court for permission to make these kinds of gifts.  The Judicial Greffe provides guidance on how to apply to Court.   

3. Don’t include Will instructions:  An LPA becomes invalid as soon as you die, so your attorneys can’t act for you after that.   If you want to decide how your property is distributed after your death, you should make a Will.

4. Follow the Law:  You can’t ask for your attorneys to do anything illegal, like euthanasia or assisted suicide.

5.  Act for you alone:   Your attorneys must act in your best interests alone, not anyone else, including your spouse, partner or children.

6. Replacement attorneys:  Only you can choose a replacement attorney, not your current attorney.  You can’t say a replacement attorney can start acting in specific circumstances.  For example, when your original attorney is on holiday.

7. Don’t mix LPAs:  Don’t mix health and welfare instructions with property and financial affairs instructions.  Make a separate LPA for each. 

8. Can’t change your Will:  Attorneys can’t change your Will, it is beyond their powers.

9. Avoid overly detailed instructions: Don’t make your instructions or preferences so detailed that they might prevent necessary care costs from being paid.  For example, if you wish you attorneys to act jointly on financial transactions over a certain amount, consider stating that this doesn’t apply to the payment of care fees.

You don’t have to, but if your affairs are complicated or you need help making your LPA you should consider taking legal advice.

Examples of preferences and instructions

Below are some examples of common preferences and instructions for both types of LPA.  They might not be right for you, but they can give you an idea of what to write if you want to include preferences and instructions in your LPA.  Your preferences and instructions should reflect what is important to you.

Examples of health and welfare preferences:

• If it is necessary for me to move into residential or nursing care, then I want to have a light room with a view, for example of the garden or sea
• I would like to take exercise at least three times a week whenever I am physically able to do so. Whether or not I am mobile, I would like to spend time outdoors at least once a day
• I’d like my pets to live with me for as long as possible – if I go into a care home, I’d like to take them with me
• I’d like to have regular haircuts, manicures, and pedicures

Examples of health and welfare instructions:

• My attorneys must not decide that I am to move into residential care unless, in my doctor’s opinion, I can no longer live independently
• My attorneys must ensure that an appropriate care package is put in place to enable me to remain in my own home unless it becomes unsafe for me do so
• My attorneys must not consent to any medical treatment involving blood products, as this is against my religion
• My attorneys must ensure I am given only vegetarian food
• If I am on a life support machine and unlikely to ever breathe on my own, I wish for it to be switched off.  After that, any medical treatment must be limited to keeping me comfortable and free from pain
• If I am suffering from an incurable or irreversible condition that will result in my death within a short time, I wish for any medical treatment to be limited to keeping me comfortable and free from pain
• I do not want to donate my organs
• My attorneys must refuse all medical or surgical treatment if the burdens and risks outweigh any potential benefits

Examples of property and affairs preferences:

• I would like to maintain a minimum balance of £1,000 in my current account
• I prefer to invest in ethical funds
• I’d like my attorneys to consult my doctor if they think I don’t have the mental capacity to make decisions about my house
• I would like to donate £100 each year to the Lifeboat Association
• I would like to give gifts to my children, grandchildren and their spouses on birthdays, at Christmas and on special occasions such as weddings and christenings, as long as the value of each gift is not unreasonable considering my financial situation and other circumstances

Examples of property and affairs instructions:

• My attorneys can open, close and have signing authority on all my bank accounts, post office accounts and CI Co-op share account.
• My attorneys can claim and receive all benefits, pensions and allowances on my behalf.
• My attorneys can apply for financial assistance from the long-term care scheme and handle any existing or ongoing claims.
• My attorneys must pay all my household and other bills, including any tax liabilities.
• My attorneys must arrange for any repairs required to my property or items within it to be done by a reputable person or company.
• My attorneys can transfer any investments into a discretionary management scheme.  This means that investment decisions will be made by the scheme’s managers, and my investments will be held in the name of the managers or a nominee.
• My attorneys must obtain professional advice before making any investment decisions and can delegate powers to an investment manager.
• My attorneys can hire any qualified professional adviser to help with my property and financial affairs, and they can be paid for their services.
• My attorneys cannot sell my home unless, in my Doctor's opinion, there is no reasonable chance of me returning to live there.
• My attorneys can consult with any attorney acting under a Lasting Power of Attorney for Health and Welfare so they are kept up to date on financial matters that could have an impact on my health and welfare.
• I consent to the disclosure of all relevant information concerning me (including my will) to my attorneys.
• My attorneys can:

1. 1. access, use and control my digital devices, such as desktops, laptops, tablets, storage devices, mobile phones, and any similar devices that exist now or in the future.  This includes modifying, deleting, controlling, or transferring my digital assets
   2. access, modify, delete, control and transfer my digital assets, such as emails, email accounts, digital music, photos, videos, software licenses, social network accounts, file sharing accounts, financial accounts, online stores and other online accounts or similar digital items that exist now or in the future.

A 'person to notify' is someone you choose to inform about the registration of your LPA. 

People to notify do not have any other role in your LPA, for example they cannot be your attorneys or replacement attorneys.  Many donors choose to notify family members or close friends.

Do I have to have ‘People to notify’?

No, this is optional. You do not have to include persons to notify if you don’t feel it necessary.

Why notify a person of your LPA? 

Letting people know about your LPA before you register it is an extra safeguard.  It gives people you know well a chance to raise concerns and can reduce the possibility that your wishes are challenged later. 

If you do choose to notify a person of your LPA and they raise no objections before its registration, it would be difficult for them to challenge the LPA later.  So, including people to notify is a way of reducing the chance that the person might object later.

Anyone can challenge your attorney if they do not believe them to be acting in your best interests.  The possibility of this helps keep them accountable to the law.  So if a person who is aware of your LPA is concerned that this is the case they can raise a concern in your best interests.

Notifying someone can also be a good way to make that person feel involved in the process of making your LPA, without giving them any power. 

For example, if you have two children and nominate your husband and eldest son to be your attorneys, but not your youngest son, then nominating your youngest son as a person to notify involves him from the outset and may encourage him to offer support when needed to the attorneys.

A person to notify can object to an LPA or raise a concern if:

• you or an attorney is bankrupt (this only applies to property and affairs LPAs)
• you or an attorney has died
• your marriage, civil partnership or partnership with an attorney has ended
• an attorney doesn't have the capacity to be an attorney
• they believe you don't have the capacity to make an LPA
• they believe there was fraud or undue pressure on you to make the LPA
• an attorney is acting above their authority or against your best interests.

Your attorneys (and any replacement attorneys) and their witness must sign and date your LPA at the same time (together). 

The witness for an attorney or replacement attorney must be an independent and impartial person who has known the attorney or replacement attorney for at least 2 years, or a professional who can act as a witness for the donor.

The witness must not:

• be related to the attorney or donor by birth or marriage
• be in a personal relationship with the attorney or donor or any other family member
• live at the same address as the attorney

You and your professional witness must sign and date your LPA at the same time (together). 

Your witness should discuss the LPA with you before they watch you sign the document.

They must be an independent and impartial person who is a member of one of the following professions:

• a sitting member of the States of Jersey Assembly, for example a parish constable, a deputy or a minister
• a notary public
• a Jurat of the Royal Court of Jersey
• an advocate or solicitor of the Royal Court of Jersey
• a barrister admitted to the Bar of England and Wales, a solicitor of England and Wales or persons similarly qualified under the laws of any other jurisdiction
• a registered and practising medical practitioner, for example your doctor
• a registered and practising health care professional, for example a social worker, psychologist, psychiatrist or a community nurse
• a minister of religion
• a practising member of the Jersey Society of Chartered and Certified Accountants (or of an equivalent professional body in another jurisdiction)

Your witness must not:

• be related to the donor by birth or marriage
• be in a personal relationship with the donor or any other family member
• live at the same address as the donor
• be the manager or an employee of the care home in which you reside

By witnessing your signature, your witness confirms that:

• you understand the importance of the LPA
• you haven’t been pressured into making it
• there has been no fraud in making the LPA
• there is no other reason for concern

If you can't sign the LPA with your signature you can make a mark

If you are unable to write your signature but have made a ‘mark’ rather than a signature in front of your professional witness.  The professional witness should write the following wording in manuscript beneath the donor’s mark.

"I, [name of witness], certify that [Mr/Mrs X] appeared before me and declared that [he/she] is [unable to sign/does not know how to sign] their name as donor of this Lasting Power of Attorney application.

I confirm that the [mark] in the donor’s signature box above was made before me by [Mr/Mrs X].

Witness name

Date"

If you cannot sign the LPA at all another person can sign on your behalf 

Where you are unable to either sign your name or make a mark on the LPA form, an LPA shall be valid when it has not been signed by you if:

1. You declared in the presence of your professional witness that, being physically incapacitated to sign the LPA yourself, you wish the LPA to be signed by another person on your behalf.
2. Your declaration and the date on which you made it are recorded on the face of the LPA.
3. The LPA was discussed with you in the presence of the person signing the LPA on your behalf and your professional witness; and
4. After the LPA was discussed with you, it was signed by the other person on your behalf in the presence of your professional witness and that witness put their signature to the LPA in the presence of you and the person that signed the LPA on your behalf.

Your professional witness must write the following attestation by hand on the donor’s (your) signature page in the LPA form.

"I, [name of witness], certify that [Mr/Mrs Donor] appeared before me and declared that [he/she] is unable to sign [his/her] name as donor of this Lasting Power of Attorney application. [He/she] further declared that [he/she] wished for [Mr/Mrs X] to sign the Lasting Power of Attorney application on [his/her] behalf.

The LPA was discussed with the donor in front of myself and [Mr/Mrs X]. I then watched [Mr/Mrs X] sign the LPA application on behalf of [Mr/Mrs Donor], [his/her] having confirmed that [he/she] was satisfied with its contents.

Witness name

Date"

Note: A person shall not be competent to sign an LPA on behalf of a donor unless that person has the capacity to execute a valid LPA of their own.

Creating a Lasting Power of Attorney (LPA) involves several steps.

1. Choose Your Attorney(s): Decide who you want to appoint to make decisions on your behalf.  This should be someone you trust.

2. If more than one attorney, choose how they will make decisions for you: 

3. Choose whether you want to notify people not involved in your LPA that you are making an LPA.

4. Ensure you have all the information you need to complete the online form before you start: 

Sometimes, the hardest part of filling in a form is getting all the information together.  Our handy LPA checklists will help you gather all the information you need to complete the form. 

Health and welfare checklist

Property and affairs checklist

The online form will ask for details about you, your attorney(s) and the decisions you want them to make (your preferences and instructions). 

5. Complete the online application form:

If you wish to make LPAs for both health and welfare and property and affairs then you will need to complete two separate application forms. 

Remember, an LPA is only valid whilst you are alive and ends immediately when you die.  So, don’t include any instructions about your Will or funeral in your LPA.

6. Get the forms signed in the correct order

Print off a physical copy of the application form. 

The form needs to be signed by: 

• Your attorney(s) in front of their witness.

The attorneys witness will confirm that they have known the attorney for at least 2 years or that they are a professional witness in law, and that the attorney has signed the LPA application form in front of them.

• You (the donor) in front of your professional witness, after all your attorneys and replacement attorneys have signed the LPA. 

Your professional witness will sign the application form at the same time as you and will confirm that:

• • they are satisfied that you understand what the LPA is 
  • you are happy with its contents
  • you are not being pressured into making the LPA
  • you have the mental capacity to make the LPA; and
  • you have signed the LPA form in their presence

You can still make an LPA if you cannot write your signature - see the guidance provided.

7. Register the LPA

Submit the signed application forms with copies of photographic ID for you and all your attorneys to the Judicial Greffe for registration as soon as practicable.

Registration takes approximately 6 to 8 weeks and you must register the LPA before it can be used.

8. Pay the fee

The fee for registering an LPA is £25.  However, if you can show the Judicial Greffe that you receive income support; long-term incapacity allowance; or long-term care allowance, you might only need to pay a reduced fee of £10.

You can pay for your LPA online as you finish the online application form OR by debit card when you or your attorney brings the signed application form and ID documents to the Judicial Greffe

Seek legal advice: You don’t have to, but if you have complex needs or are unsure about any part of the process, think about getting legal advice.

Complete the online LPA application form

Make sure you have all the information you need before you start.

Accessing the application form through Onegov will enable to you save as you go along

If you are completing the LPA for yourself, you can use your Onegov account to access the application form. Onegov is the Government of Jersey’s online customer portal.  It provides you with easy access to Government and Parish services. 

If you are filling out the form for someone else or do not have a Onegov account, go to the online LPA application form, or use the link below.

Make sure that you have all the information you need to complete the online LPA application form before you start as the form must be completed in one go.