In the matter of J (Capacity) [2022] JRC 008 (13 January 2022)

In the matter of J (Capacity) [2022] JRC 008 (13 January 2022)

The determinative factor was J's clear wishes, expressed when she had capacity, not to have her brother L manage her affairs due to longstanding estrangement and mistrust. The court found a conflict of interest in L's dual role as executor and potential delegate. Professional fees charged by Advocate Tremoceiro were not a bar to appointment, as they would be proportionate. Accordingly, Advocate Tremoceiro was the appropriate person to be appointed delegate.

Citation
[2022] JRC 008
Parties
Applicant/delegate: Advocate Rui Tremoceiro; Objector/applicant: [Redacted] (L); Former Applicant/supporter: [Redacted] (N); Subject/incapacitated Person: [Redacted] (J); Amicus Curiae: Advocate Davida Blackmore
Jurisdiction
Jersey
Judgment Date
13 January 2022
Procedural Posture
Delegate Appointment (property and Affairs) / Judgment on Contested Appointment
Outcome
Advocate Rui Tremoceiro appointed as delegate for J's property and affairs.
Legal Topics
Appointment of Delegate, Conflict of Interest, Best Interests of Incapacitated Person, Professional Vs Family Delegate
Mental Capacity Law Succession Law Appointment of Delegate Conflict of Interest Best Interests of Incapacitated Person Professional Vs Family Delegate

Case Brief

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Parties

Advocate Rui Tremoceiro

Applicant/delegate

[Redacted] (L)

Objector/applicant

[Redacted] (N)

Former Applicant/supporter

[Redacted] (J)

Subject/incapacitated Person

Advocate Davida Blackmore

Amicus Curiae

Procedural Posture

Delegate Appointment (property and Affairs) / Judgment on Contested Appointment

Legal Issues

  1. 1 Who should be appointed as delegate for J's property and affairs?
  2. 2 Does a conflict of interest or estrangement disqualify L?
  3. 3 Should a professional or family member be preferred as delegate?

Ratio Decidendi

The determinative factor was J's clear wishes, expressed when she had capacity, not to have her brother L manage her affairs due to longstanding estrangement and mistrust. The court found a conflict of interest in L's dual role as executor and potential delegate. Professional fees charged by Advocate Tremoceiro were not a bar to appointment, as they would be proportionate. Accordingly, Advocate Tremoceiro was the appropriate person to be appointed delegate.

Court Disposition

Advocate Rui Tremoceiro appointed as delegate for J's property and affairs.

Orders

  • Oath of office of delegate administered to Advocate Tremoceiro.