Lasting Power of Attorney

Here’s a brief guide to explain the Lasting Power of Attorney

Guardianship or Lasting Power of Attorney?

A Lasting Power of Attorney (“LPA”) can only be made if the person (the “grantor”) making it has mental capacity i.e. is able to understand what an LPA is and what decisions the attorney
can make on their behalf. Where capacity has already been lost, it will be necessary to apply for a guardianship (see separate leaflet). If in doubt, the question of capacity should be referred to a medical practitioner.

Lasting Power of Attorney
A Lasting Power of Attorney (LPA) is a legal document by which the grantor can give authority to another person or persons (the “attorney/s”) to make decisions on their behalf if they lose capacity. The attorney(s) are legally obliged to act in the grantor’s best interests and should take account of any past wishes expressed by them.

Individuals may register two different types of LPA: one for ‘health and welfare’ matters and another for ‘property and financial affairs’.

The LPA for “health and welfare” allows the attorney/s to make decisions on your behalf about your future care or treatment, for example decisions about whether to accept or refuse any recommended treatment or relating to admission to a care home. An LPA can give, or expressly not give, the attorney/s authority to give or refuse consent to life-sustaining treatment. The form allows you to include any instructions, wishes or preferences for your attorney/s but it is important to consider these carefully and discuss with your attorney/s to avoid any misunderstanding. Alternatively, it is now possible for a person to make, in a separate document, an “advance decision to refuse treatment” and/or “an advanced care plan” which can be attached to the LPA and must be considered by your attorney/s or other decision makers when making such decisions on your behalf.

The LPA for managing ‘property and financial affairs’ allows the attorney/s to manage your property and financial affairs if you lose capacity to do so yourself. It can also be used whilst you still have capacity, if the LPA is worded appropriately but only to the extent that you give the attorney permission to use it. This may be useful if you are unable to be physically present for some transactions and wish the attorney to represent you.

Who can act as attorney?
Anyone may be appointed as an attorney in an LPA if they are aged 18 or over and not bankrupt. More than one attorney may be appointed jointly in which case you will need to consider whether they should act:

• jointly in all matters,
• jointly and severally in all matters (i.e. either one or both would have authority to make decisions) or
• jointly on some (perhaps more significant) matters and jointly and severally on the others.

These expressions are further explained on the application form, which also enables you to name replacement attorneys if the original ones become unable to act.

Application forms
Application forms are available to download from the Royal Court website at: Royal Court Home Page – Royal Court under ‘Lasting Powers of Attorney’; and paper forms are available for collection from the Greffe. Guidance notes on how to create a Lasting Power of Attorney are also available. The Greffe staff may be able to give advice on procedural, but not legal, matters.

The fee for one LPA will be £91 or, if a person wishes to register both LPA’s (i.e. health and welfare and property and financial affairs) at the same time, the fee will be £114. If/when it becomes necessary to activate the LPA subsequently, there will be no further fee to pay. (Fees correct 1 Jan 2026).

The application form must be signed by the grantor and countersigned by a witness who can be anyone over the age of 18 who is not a relative and who is not an attorney appointed in the LPA.

There is no requirement or necessity to use an advocate to assist in completing and registering the form.

Submission of form
The completed form should be submitted to the Greffe by email at registrar@guernseyroyalcourt.gg; or paper copies should be sent to: The Greffe, Royal Court House, St James Street, St Peter Port, Guernsey, GY1 2NZ. Registration staff will then contact the applicant to arrange an appointment at the Greffe for a personal interview.

The applicant should take photo identification and the relevant payment with them to the interview.

If a Grantor is unable to attend the Greffe for the appointment, then a home visit can be arranged. There is an additional fee of £171.00 for this service.

The Registration team can be contacted on 01481 225277 for any queries.

Cancellation of LPA
An individual can cancel their LPA at any time if they have the capacity to do so. It does not matter if the LPA has been activated or not. This can only be done by attending the offices of HM Greffier (call to make an appointment first).

Activation of LPA
The LPA for property and financial affairs can operate immediately after it is made if the grantor so wishes and includes the necessary instruction in the LPA document.

In the absence of this instruction, and always in the case of the LPA for health and welfare, the LPA can only operate once activated. Activation can only take place if the grantor loses capacity.

There is a process for activation, including a Capacity Assessment by a suitably qualified person. The forms can be obtained from the Greffe upon request by the named attorney/s. The person carrying out the Capacity Assessment will, if satisfied that the person has lost capacity, issue a Certificate of Lack of Capacity which the attorney/s should give to HM Greffier. HM Greffier will in turn issue an Activation Certificate which, together with the LPA itself, will enable the attorney/s to act on behalf of the grantor.

Powers & Duties of an Attorney
The attorney/s should always act in the grantor’s best interests and in accordance with their expressed wishes and views (including any previous discussions with the grantor and the wishes expressed in the LPA itself and any advance decision to refuse treatment or advanced care plan made by the grantor).

An LPA does not automatically give the attorney/s power to sell the grantor’s realty (houses and land). For the attorney/s to do so, it is necessary to make an application to the Royal Court seeking permission to sell the grantor’s realty.

The attorney/s cannot use an LPA to change the grantor’s will. The LPA will expire when the grantor dies and responsibility for looking after the affairs of the grantor’s estate will be transferred to the personal representatives. The attorney/s should notify HM Greffier of the death and return any copies of the LPA.

General disclaimer

The purpose of this note is to provide general guidance.  While it is believed to be accurate and up to date, it is not authoritative and has no legal effect. No warranty is given that the text is free of errors and omissions, and no liability is accepted for any loss arising from its use. Users of this guidance note are encouraged to exercise their own skill and care in relation to the information contained in this guidance note and to obtain relevant professional advice.