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Jersey Case Law

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Mental capacity [2024] JRC 125

In the matter of D (Capacity)

In the matter of D (Capacity) [2024] JRC 125 (31 May 2024)

The court held that D’s daughter could remain delegate and continue living rent free in the family home, subject to review if D’s savings fall below £10,000.

  • Delegate appointment
  • Best interests
  • Conflict of interest
  • Care home funding
  • Property management
  • Mental-capacity
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Mental capacity [2023] JRC 008

In the matter of B (Capacityl)

In the matter of B (Capacityl) [2023] JRC 008 (17 January 2023)

The Jersey Royal Court authorised Covid-19 and influenza vaccinations for an adult without capacity, finding the medical and practical benefits outweighed parental objections.

  • Best interests decision
  • Vaccination of incapacitated persons
  • Delegation of health and welfare decisions
  • Parental objection to medical treatment
  • Best-interests
  • Vaccination
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Mental capacity [2021] JRC 070

In the matter of D (Capacity) 12-Mar-2021

In the matter of D (Capacity) 12-Mar-2021 [2021] JRC 070 (12 March 2021)

The Royal Court appointed E and F as joint delegates for D’s property and affairs, defining the scope of their authority and preserving D’s limited spending autonomy.

  • Appointment of delegates
  • Capacity assessment
  • Estate administration
  • Mental-capacity
  • Delegate-appointment
  • Estate-administration
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Mental capacity [2021] JCA 011

Minister for Health and Social Services v B and Ors (Capacity) 22-Jan-2021

Minister for Health and Social Services v B and Ors (Capacity) 22-Jan-2021 [2021] JCA 011 (22 January 2021)

The Court of Appeal dismissed the Minister’s appeal, upheld the appointment of the father as delegate with revised restrictions, and held no Article 57 order was needed.

  • Appointment of delegate
  • Restriction of liberty
  • Best interests
  • Independent capacity advocate
  • Deprivation of liberty
  • European convention on human rights
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Mental capacity [2020] JRC 153

In the matter of B (Medical)

In the matter of B (Medical) [2020] JRC 153 (03 August 2020)

The Royal Court of Jersey held that the First Respondent lacked capacity to decide where he should live, ordered continued residence at the special needs home, and appointed his father as delegate.

  • Best interests decision
  • Restriction of liberty
  • Residential placement
  • Capacity assessment
  • Capacity-assessment
  • Best-interests
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Mental capacity [2020] JRC 150A

In the matter of C (Capacity)

In the matter of C (Capacity) [2020] JRC 150A (31 July 2020)

The Royal Court of Jersey held that C lacked capacity for residence, care, contact, and sexual relations, and approved a supervised placement in her best interests.

  • Capacity to consent
  • Best interests
  • Restriction of liberty
  • Contact arrangements
  • Sexual relations
  • Mental-capacity
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Mental capacity [2020] JCA 147B

AB v AG (Capacity)

AB v AG (Capacity) [2020] JCA 147B (30 July 2020)

Appeal dismissed. The Court of Appeal upheld the Royal Court’s appointment of CD as sole delegate for X’s property and affairs, finding no bias or unfairness.

  • Appointment of delegate
  • Best interests
  • Parens patriae jurisdiction
  • Bias
  • Fair hearing
  • Mental-capacity
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Mental capacity [2020] JRC 065

In the matter of B (Medical)

In the matter of B (Medical) [2020] JRC 065 (23 April 2020)

The Royal Court granted a protective costs order in a best-interests application under Jersey’s capacity law, funding the parents’ representation from public funds.

  • Protective costs orders
  • Best interests decisions
  • Legal representation
  • Public funding
  • Protective-costs-orders
  • Best-interests-decisions
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Mental capacity [2019] JRC 158

In the matter of B (Medical) 14-Aug-2019

In the matter of B (Medical) 14-Aug-2019 [2019] JRC 158 (14 August 2019)

The court held that the First Respondent lacked capacity to consent to PEG feeding and declared the PEG in his best interests despite parental objection.

  • Best interests
  • Medical treatment
  • Capacity assessment
  • Peg feeding tube
  • Patient autonomy
  • Mental-capacity
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Private client [2018] JRC 075

Representation of Violet Matthews

Representation of Violet Matthews [2018] JRC 075 (23 April 2018)

The Jersey Royal Court allowed registration of an Act of Court based on an English enduring power of attorney, for the limited purpose of abandoning dower rights.

  • Registration of foreign enduring power of attorney
  • Capacity and self-determination
  • Curatorship
  • Abandonment of dower
  • Inherent jurisdiction
  • Comity
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.