Isle of Man government proposes 'long overdue' change to power of attorney

Currently decisions over medical treatment are based on common law

The Manx government has proposed a "long overdue" extension to power of attorney legislation to allow people to make medical decisions for loved ones.

The Capacity Bill would extend the powers, which currently cover financial matters, to include medical care.

Health Minister David Ashford said it was "vital we have a modern legal framework to protect vulnerable people".

A similar law has been in place in England and Wales since 2005.

The legislation would see Enduring Power of Attorney, which restricts decision-making to financial matters, replaced by Lasting Power of Attorney, which also covers medical care.

Under the proposals, an appointed person would be given the power to make decisions relating to ongoing medical treatment and whether or not the patient moves into a residential care home.

The new laws would also give the courts the authority to appoint someone to hold power of attorney, if such a person has not been selected by the time capacity is lost, and mean advance decisions made by patients about future care would be protected.

Currently decisions about care are made based on common law, which relies on legal precedent.

Mr Ashford said issues with mental capacity "could affect ourselves or our loved ones at any time" and it was "vital we have a modern legal framework to protect vulnerable people when they cannot make decisions for themselves".