Senate Approves Motion to Formulate Elderly Care and Protection Act

The Senate, on Friday (October 25), approved a motion to formulate the Elderly Care and Protection Act, to safeguard Jamaica’s senior citizens.

Minister of Industry, Investment and Commerce, Senator the Hon. Aubyn Hill, advised that during the next sitting of the Upper House, he will propose the appointment of a Special Select Committee to consider the motion.

The committee will be chaired by Government Senator, Sherine Golding Campbell, and include colleague members – Charles Sinclair, Dr. Saphire Longmore and Kavan Gayle.

The Opposition members are – Gabriela Morris, Sophia Fraser-Binns and Professor Floyd Morris.

The motion, moved by Professor Morris, was supported by several members of the Senate.

Senator Golding Campbell suggested that two critical components be considered, in addition to the matters that would ordinarily be included in such a legislation. These are a living will, and a lasting or durable power of attorney.

“The living will operates in such a way as to allow an elder to make medical decisions about their health, in the event that they become incapacitated. So, it is set out in a document, whether I want you to put me on life support, keep me on life support [and] whether you want me to perform surgery or not. It allows the person the ability to determine the dignity of how they transition,” she explained.

Regarding the second consideration, Senator Golding Campbell said a lasting or durable power of attorney can provide for medical and health related instructions, as well as the management of the financial affairs and assets of the elderly.

“What we have now [is], where… power of attorney is revoked essentially by the mental incapacity of the person who granted the power, a lasting and durable power of attorney would provide for that grant of power to continue beyond that point, and it can be a temporary or permanent grant of power,” she pointed out.

Senator Golding Campbell added that these instruments, if properly thought out and enshrined in legislation, would allow senior citizens, when they are in good health, to make a determination about their future.

“I wish for our elders to have a legal framework that helps them to better manage their twilight years,” she stated.