Currently in Guernsey it is not possible to prepare in advance for mental incapacity. If you lose capacity in Guernsey, a Guardian will be appointed by the Royal Courts of Guernsey to look after your affairs. You may need to move to the jurisdiction of England and Wales to receive care or treatment or you may hold assets here. This being the case, the Guernsey appointment will not be recognised. A Deputy will be required, appointed by the Court of Protection England and Wales, incurring a significant time delay and on going cost additional cost. A Lasting Power of Attorney is a preventative measure that would remove the need for an England and Wales Deputy to be appointed.
Read the information provided by the Office of the Public Guardian. Download the forms from, or complete the forms online at the Office of the Public Guardian.
If you don’t have the confidence or the facility to complete a Lasting Power of Attorney England and Wales yourself and/or you don’t have the funds to pay a commercial entity Allied Services Trust can assist.
Instruct a solicitor, advocate or other provider. Charges vary in the commercial sector for preparing the Lasting Power of Attorney and the registration documents.
At the point of registering your Lasting Power of Attorney England and Wales a fee is payable to the Office of the Public Guardian. If you are on a low income or certain benefits you may qualify for a remission or exemption of the registration fee. The registration fee is your responsibility.
If you hold assets in England and Wales or it is likely you will need to receive treatment and care in England and Wales you should consider preparing a Lasting Power of Attorney. Click here
If you choose to appoint a professional Attorney from a commercial entity they will charge for the service that they provide. You should consider how you will pay your professional Attorney. If you need help for a long time costs will be your responsibility and can deplete your assets considerably.