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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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Capacity law [2020] JRC 074

Zac v The Estate of A (deceased) (Capacity) 15-Mar-2021

Zac v The Estate of A (deceased) (Capacity) 15-Mar-2021 [2020] JRC 074 (15 March 2021)

The Jersey Royal Court approved a delegate’s decision to accept a settlement for Zac, finding the choice was in his best interests and supported by legal advice.

  • Periodical payment orders
  • Statutory discount rate
  • Variation of orders
  • Best interests
  • Delegate decision-making
  • Capacity-law
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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 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 [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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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.