In the matter of D (Capacity) [2024] JRC 125 (31 May 2024)

It is in D's best interests for E and her family to continue to reside rent-free in the property, subject to review if D's savings fall below £10,000 or in twelve months, and E may remain as delegate as the conflict of interest is manageable with Court oversight.

Citation: [2024] JRC 125
Parties: Subject: D; Delegate/applicant: E; Partie Publique/respondent: Attorney General
Jurisdiction: Jersey
Judgment Date: 31 May 2024
Procedural Posture: Property and Affairs Application (mental Capacity) / Final Determination
Outcome: Application granted in part; E may continue as delegate and reside rent-free, subject to review.
Legal Topics: Delegate Appointment, Best Interests, Conflict of Interest, Care Home Funding, Property Management

Mental Capacity Property Law Elder Law Delegate Appointment Best Interests Conflict of Interest Care Home Funding Property Management

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 14 Party arguments 2 Amounts and remedies 11

Parties

Subject

Delegate/applicant

Attorney General

Partie Publique/respondent

Procedural Posture

Property and Affairs Application (mental Capacity) / Final Determination

Legal Issues

1 Whether D's property should be sold, rented, or occupied rent-free by E to meet D's care costs
2 Whether E should continue as delegate or if a conflict of interest prevents her from acting

Ratio Decidendi

Court Disposition

Application granted in part; E may continue as delegate and reside rent-free, subject to review.

Orders

E must bring the matter back to Court if D's savings fall below £10,000.
Mandatory review in twelve months to assess compliance and progress.