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8 October 2018

Jersey implements its first mental capacity legislation, adopting charity’s Advance Decision form

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

The States of Jersey have today (Monday 8th October 2018) 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 scenarios, should they lose capacity in the future due to illness or injury. Jersey’s new official template Advance Decision form has been developed from Compassion in Dying’s Advance Decision form and accompanying guidance notes. Compassion in Dying is a UK charity which supports people to prepare for the end of life and is the largest provider of free Advance Decision forms on the mainland.

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 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’s important to you will be known about, respected and followed in future. What’s 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.”

Free, specialist support and information is available from Compassion in Dying on 0800 999 2434 and Jersey’s Advance Decision forms can be accessed here.


For further information or interview requests, please contact Ellie Ball, Media & Campaigns Officer, at or 0207 479 7732.

Notes to Editor:
Advance Decision (also known as a ‘Living Will’): a legally binding document which allows an individual to record any medical treatments they do not want to be given in future, in case they later lack capacity and cannot make or communicate a decision for themselves.

For more information about our Creative Commons policy contact Compassion in Dying at

About Compassion in Dying

We can help you prepare for the end of life. How to talk about it, plan for it, and record your wishes.

We help people through our free information line, publications and resources, and through our work with diverse communities. We specialise in supporting people to make Advance Decisions (‘Living Wills’) and to talk about their goals and priorities when living with a life-changing illness. Our free MyDecisions website helps people to record their wishes for care in a legally binding way.

Have any questions? Talk to us.
0800 999 2434

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