In the matter of A (Curatorship) [2013] JRC 026 (01 February 2013)

In the matter of A (Curatorship) [2013] JRC 026 (01 February 2013)

Due to family tensions and conflicts, and considering the health and interests of B and strained relations between D and B, E is preferred for appointment as curator if willing and able; otherwise, an independent professional curator (Mr Del Amo) will be appointed.

Citation
[2013] JRC 026
Parties
Interdict: A; Husband: B; Eldest Daughter: D; Son: E; Daughter: F; Son: G; Potential Independent Curator: Mr Del Amo; Government Legal Representative: Solicitor-General
Jurisdiction
Jersey
Judgment Date
01 February 2013
Procedural Posture
Curatorship Appointment / Interlocutory Judgment
Outcome
Application adjourned for E to consult Registrar of Probate and confirm willingness to act as curator; failing which, Mr Del Amo will be appointed.
Legal Topics
Curatorship, Appointment of Curator, Conflict of Interest, Estate Management
Family Law Mental Capacity Law Curatorship Appointment of Curator Conflict of Interest Estate Management

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Parties

A

Interdict

B

Husband

D

Eldest Daughter

E

Son

F

Daughter

G

Son

Mr Del Amo

Potential Independent Curator

Solicitor-General

Government Legal Representative

Procedural Posture

Curatorship Appointment / Interlocutory Judgment

Legal Issues

  1. 1 Who should be appointed as curator for A?
  2. 2 Is appointment of a family member feasible given conflicts?
  3. 3 Should an independent professional curator be appointed?

Ratio Decidendi

Due to family tensions and conflicts, and considering the health and interests of B and strained relations between D and B, E is preferred for appointment as curator if willing and able; otherwise, an independent professional curator (Mr Del Amo) will be appointed.

Court Disposition

Application adjourned for E to consult Registrar of Probate and confirm willingness to act as curator; failing which, Mr Del Amo will be appointed.

Orders

  • E to make appointment with Registrar of Probate to have curator role explained.
  • Solicitor-General to fix date for E to attend Court and notify him of decision.