re SMF v [2003] JRC 073 (24 April 2003)

re SMF v [2003] JRC 073 (24 April 2003)

The Court has inherent jurisdiction to reinstate an interdict and discharge the curator where satisfied that the interdict is capable of managing and administering his own property and affairs, even if guardianship continues, as maintaining curatorship without incapacity would be unjust and contrary to human rights obligations.

Citation
[2003] JRC 073
Parties
Applicant: Attorney General; Respondent: Interdict; Curator: Mr J P Kendall
Jurisdiction
Jersey
Judgment Date
24 April 2003
Procedural Posture
Guardianship/curatorship Application / Final Judgment
Outcome
interdict reinstated; curator discharged
Legal Topics
Curatorship Termination, Inherent Jurisdiction, Reinstatement of Interdict, Statutory Interpretation
Mental Health Law Guardianship Human Rights Curatorship Termination Inherent Jurisdiction Reinstatement of Interdict Statutory Interpretation

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Parties

Attorney General

Applicant

Interdict

Respondent

Mr J P Kendall

Curator

Procedural Posture

Guardianship/curatorship Application / Final Judgment

Legal Issues

  1. 1 Does the Court have jurisdiction to reinstate an interdict and discharge the curator when guardianship continues?
  2. 2 Is there an inherent jurisdiction to terminate curatorship based on medical evidence of capacity?
  3. 3 Does Article 50 of the Mental Health (Jersey) Law, 1969 permit discharge of curator in these circumstances?

Ratio Decidendi

The Court has inherent jurisdiction to reinstate an interdict and discharge the curator where satisfied that the interdict is capable of managing and administering his own property and affairs, even if guardianship continues, as maintaining curatorship without incapacity would be unjust and contrary to human rights obligations.

Court Disposition

interdict reinstated; curator discharged

Orders

  • Interdict reinstated as capable of managing and administering his own property and affairs.
  • Appointment of curator terminated.