In the matter of K [2011] JRC 137 (15 July 2011)

In the matter of K [2011] JRC 137 (15 July 2011)

The Court found B unsuitable as curator due to his inability to recognise K's incapacity, concerns over his motives regarding her assets, his intimidating behaviour, poor cooperation with professionals, and lack of diligence. An independent curator (E) was appointed in K's best interests.

Citation
[2011] JRC 137
Parties
Applicant: Attorney General; Interdict: K; Witness: B; Curator: E
Jurisdiction
Jersey
Judgment Date
15 July 2011
Procedural Posture
Curatorship Application / Appointment of Curator
Outcome
Independent curator appointed
Legal Topics
Appointment of Curator, Incapacity, Conflict of Interest, Care of Elderly
Mental Capacity Family Law Appointment of Curator Incapacity Conflict of Interest Care of Elderly

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Parties

Attorney General

Applicant

K

Interdict

B

Witness

E

Curator

Procedural Posture

Curatorship Application / Appointment of Curator

Legal Issues

  1. 1 Whether K is incapable of managing her own affairs
  2. 2 Who should be appointed as curator for K

Ratio Decidendi

The Court found B unsuitable as curator due to his inability to recognise K's incapacity, concerns over his motives regarding her assets, his intimidating behaviour, poor cooperation with professionals, and lack of diligence. An independent curator (E) was appointed in K's best interests.

Court Disposition

Independent curator appointed

Orders

  • E appointed and sworn in as curator for K