Representation of JWD [2007] JRC 079 (10 April 2007)

Representation of JWD [2007] JRC 079 (10 April 2007)

There is no medical evidence of mental disorder or abandonment to alcohol; asset dissipation alone is insufficient to justify continuance of curatorship under the law.

Citation
[2007] JRC 079
Parties
Applicant: JWD; Respondent: Attorney General; Curator: Mr Barry Keith Pickersgill
Jurisdiction
Jersey
Judgment Date
10 April 2007
Procedural Posture
Application for Discharge of Curatorship Order / Final Judgment
Outcome
curatorship discharged
Legal Topics
Curatorship, Mental Incapacity, Interdiction, Asset Dissipation
Mental Health Law Property Law Curatorship Mental Incapacity Interdiction Asset Dissipation

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Parties

JWD

Applicant

Attorney General

Respondent

Mr Barry Keith Pickersgill

Curator

Procedural Posture

Application for Discharge of Curatorship Order / Final Judgment

Legal Issues

  1. 1 Whether JWD remains incapable of managing his property and affairs under the Mental Health (Jersey) Law, 1969
  2. 2 Whether the curatorship should be discharged

Ratio Decidendi

There is no medical evidence of mental disorder or abandonment to alcohol; asset dissipation alone is insufficient to justify continuance of curatorship under the law.

Court Disposition

curatorship discharged

Orders

  • curator discharged from office
  • application for costs against Attorney General refused