The purpose of the proposed new Capacity and Self-Determination Law is to provide a legal framework for assessing whether a person has capacity to make a decision if they are supported by family members, carers and other professionals.  If a person does not have capacity to make a decision with support, then the draft Law provides a number of processes to ensure that any decision made for the person is made by an appropriate person and in the person’s best interests.

The draft Law will enable a person to identify another person or persons who can make certain decisions for them if they lose capacity to do so. The draft Law also provides a legal basis for people to make advance decisions about consent to care or treatment in the event that they may lose capacity.

The draft Law applies to any decision affecting a person who may not have capacity including how a person will be cared for and the medical treatment they will receive as well as applying to day-to-day decisions about how people live their lives and manage their finances.

These proposals are related to the proposition to enact a new Mental Health Law for Jersey which is why these propositions have been brought forward at the same time.