In the matter of the curatorship of Mrs B [2007] JRC 232 (10 December 2007)

In the matter of the curatorship of Mrs B [2007] JRC 232 (10 December 2007)

Although the Law does not require curators to be resident in Jersey, the Court's policy is to appoint non-resident curators only in exceptional circumstances due to enforcement and asset control concerns. In this case, the exceptional facts—Mr B's devotion, competence, and Mrs B's wishes—justify his appointment, with safeguards to keep assets within Jersey.

Citation
[2007] JRC 232
Parties
Interdict: Mrs B; Prospective Curator/applicant: Mr B; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
10 December 2007
Procedural Posture
Curatorship Appointment / Judgment on Application for Appointment of Non Resident Curator
Outcome
Application granted, subject to conditions and usual checks.
Legal Topics
Appointment of Curator, Jurisdictional Requirements for Curators, Interdict's Interests, Non Resident Curator Policy
Mental Health Law Succession Law Private Client Appointment of Curator Jurisdictional Requirements for Curators Interdict's Interests Non Resident Curator Policy

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Parties

Mrs B

Interdict

Mr B

Prospective Curator/applicant

Attorney General

Respondent

Procedural Posture

Curatorship Appointment / Judgment on Application for Appointment of Non Resident Curator

Legal Issues

  1. 1 Whether a non-resident (Mr B) can be appointed as curator for a Jersey resident interdict (Mrs B) under Article 43 of the Mental Health (Jersey) Law 1969

Ratio Decidendi

Although the Law does not require curators to be resident in Jersey, the Court's policy is to appoint non-resident curators only in exceptional circumstances due to enforcement and asset control concerns. In this case, the exceptional facts—Mr B's devotion, competence, and Mrs B's wishes—justify his appointment, with safeguards to keep assets within Jersey.

Court Disposition

Application granted, subject to conditions and usual checks.

Orders

  • Recommend appointment of Mr B as curator for Mrs B, subject to conditions: Mrs B's tangible movable property to remain in Jersey; bank accounts to be maintained with Jersey banks; investments to be made through Jersey nominee/intermediary; appointment subject to Registrar's checks.