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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-law [2022] JRC 008

In the matter of J (Capacity)

In the matter of J (Capacity) [2022] JRC 008 (13 January 2022)

The Jersey Royal Court appointed Advocate Rui Tremoceiro as delegate for J’s property and affairs, rejecting J’s brother L because of conflict and J’s earlier wishes.

  • Appointment-of-delegate
  • Conflict-of-interest
  • Best-interests-of-incapacitated-person
  • Professional-vs-family-delegate
  • Mental-capacity-law
  • Delegate-appointment
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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
  • Probate
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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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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.