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Capacity Law Represents 'Key Milestone'

Deputy Heidi Soulsby

Health and Social Care says the States decision to approve a new Capacity Law represents a key milestone.

The new law will empower people to make their own decisions wherever possible. 

Developing the law has been the committee’s top legislative priority in this political term and is an important part of the Discrimination and Inclusion Strategy. It will also introduce Lasting Powers of Attorney which means people will be able to register their wishes in advance or nominate others to act on their behalf when they lose capacity.

HSC President Heidi Soulsby says it means the community will have access to legislation that will protect them and plan for their own futures.

She said: ‘The decision of the States means the community will have access to legislation that will protect them and enable them to plan for their futures. Our proposals take account of best practice and learning from other jurisdictions. HSC is particularly grateful to all of those organisations and individuals who have helped to shape the proposals based on their knowledge and experience of these extremely complex issues.’

HSC Member Deputy Emilie McSwiggan, who is also a representative of the Disability & Inclusion Programme Board added: ‘When people aren't able to make decisions for themselves, this new Capacity Law will allow them to hand over decision-making responsibility to a trusted person, and provides sensible checks to make sure they aren't being exploited, and their personal preferences and best interests are not forgotten.

'As a representative of the Disability 2 & Inclusion Programme Board, I am delighted that these proposals received the unanimous approval of the States Assembly.’

The Law will now be finalised and published for States approval this political term. In addition, an implementation plan across health & social care and with key partners in the community, will enable a phased implementation of the legislation starting in 2021.

 

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