Jersey implements its first mental capacity legislation

Categories: Policy.

The States of Jersey have today implemented the first mental capacity legislation of its kind on the island.

The Capacity and Self-Determination (Jersey) Law 2016 clarifies that all islanders aged 16 or over are assumed to have capacity to make decisions about their health, and that any decisions made on behalf of someone who lacks capacity are in accordance with that person’s own values, beliefs and interests.

The law makes provisions for Advance Decisions, a legally-binding document which allows someone to record  their wish to refuse treatment in certain situations, should they lose capacity in the future due to illness or injury.  Jersey’s new official template Advance Decision form has been developed from the form and guidance notes put together by Compassion in Dying, the charity supporting people to prepare for the end of life, and the largest provider of free Advance Decision forms in the UK.

Natalie Koussa, Director of Partnerships and Services at Compassion in Dying, said:

“We are proud to have contributed our expertise to this important legislation in Jersey and delighted that our Advance Decision forms, which have received ‘Highly Commended’ recognition from the British Medical Association, have been adopted for Jersey residents.

“No one plans to become unwell, but fortunately this new law means there are things islanders can do now to prepare. By recording your wishes for healthcare and treatment while you are still able, it helps to ensure that what is important to you will be known about, respected and followed in future. What is more, making an Advance Decision is free, easy and can be done at your own pace without the need to involve a doctor or lawyer.”

For more information visit Compassion in Dying.  Jersey’s Advance Decision forms can be accessed here.

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