In the matter of P (Capacity) 21-May-2021 [2021] JRC 150 (21 May 2021)

In the matter of P (Capacity) 21-May-2021 [2021] JRC 150 (21 May 2021)

The Court was satisfied that Mr Farlan, a paid public servant, would not seek fees, and that there was no conflict of interest. He was a fit and proper person to be appointed delegate for P with limited scope, to regularise P's affairs, after which he would be discharged.

Citation
[2021] JRC 150
Parties
Subject of Proceedings: P; Applicant: Miss Bianca Silva; Proposed Delegate: Mr Tobias Farlan
Jurisdiction
Jersey
Judgment Date
21 May 2021
Procedural Posture
Application for Appointment of Delegate Under Capacity Law / First Instance
Outcome
Application granted
Legal Topics
Appointment of Delegate, Conflict of Interest, Scope of Delegate's Authority, Discharge of Delegate
Mental Capacity Law Health Law Elder Law Appointment of Delegate Conflict of Interest Scope of Delegate's Authority Discharge of Delegate

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Parties

P

Subject of Proceedings

Miss Bianca Silva

Applicant

Mr Tobias Farlan

Proposed Delegate

Procedural Posture

Application for Appointment of Delegate Under Capacity Law / First Instance

Legal Issues

  1. 1 Whether Mr Tobias Farlan should be appointed as delegate for P under the Capacity and Self-Determination (Jersey) Law 2016
  2. 2 Whether there is a conflict of interest in appointing a paid public servant as delegate
  3. 3 What should be the scope and duration of the delegate's authority

Ratio Decidendi

The Court was satisfied that Mr Farlan, a paid public servant, would not seek fees, and that there was no conflict of interest. He was a fit and proper person to be appointed delegate for P with limited scope, to regularise P's affairs, after which he would be discharged.

Court Disposition

Application granted

Orders

  • Mr Tobias Farlan appointed as delegate for P with limited authority as specified in the judgment.
  • Scope of authority includes signing LTC Scheme application, making enquiries about P's assets, exercising authority over bank accounts, settling liabilities, and instructing relevant departments regarding P's benefits and care fees.