In Jersey, when an individual loses the mental capacity to make decisions and has not previously appointed an attorney under a Lasting Power of Attorney, it may be necessary to apply to the Royal Court for the appointment of a Delegate.
A Delegate is a person authorised by the Court to make decisions on behalf of someone who is unable to do so themselves due to an impairment or disturbance in the functioning of their mind or brain. Parslows LLP provides professional Delegate services and legal support for families and individuals navigating this sensitive area of law.
The appointment of a Delegate is governed by the Capacity and Self-Determination (Jersey) Law 2016. This legislation ensures that decisions made on behalf of a person lacking capacity are lawful, proportionate, and always in their best interests. Delegates may be appointed to manage property and financial affairs, health and welfare matters, or both. The scope of authority is defined by the Court and may be limited to specific decisions or granted more broadly depending on the individual’s needs.
Parslows LLP offers both legal assistance to those seeking to be appointed as a Delegate and, where appropriate, can act as a professional Delegate. Our team understands the responsibilities and sensitivities involved in acting on behalf of someone who cannot make decisions independently. We work closely with families, carers, and support networks to ensure that the person’s wishes, values, and dignity are respected throughout the process. Where there is no suitable family member or trusted individual available, Parslows LLP can step in to provide professional, impartial support in the role of Delegate.
The role of a Delegate is distinct from that of an attorney under a Lasting Power of Attorney. While an LPA is created by the individual while they still have capacity, a Delegate is appointed by the Court after capacity has been lost. This means the person no longer has control over who will act for them, making the Court’s oversight and the Delegate’s integrity critically important.
Once appointed, Delegates must act with care, skill, and diligence. They are required to maintain accurate records, consult appropriately with family and professionals, and submit annual reports to the Court. Decisions must be made in the person’s best interests, considering their past and present wishes, beliefs, and values. Parslows LLP provides ongoing support to Delegates, helping them fulfil their duties and navigate complex decisions with confidence.
Our services also include advising on statutory Wills, property transactions, and financial management for individuals under delegation. We work with care providers, social services, and other professionals to ensure that the person’s needs are met holistically. Whether you are a family member seeking to support a loved one, or a professional appointed as Delegate, Parslows LLP offers the expertise and guidance you need.
If you are concerned about someone who may lack capacity and has not made a Lasting Power of Attorney, or if you have been appointed as a Delegate and require legal support, Parslows LLP is here to help. We understand the emotional and practical challenges involved and are committed to providing respectful, reliable, and legally sound assistance. Where needed, we can also act as a professional Delegate, ensuring that vulnerable individuals receive the protection and representation they deserve.
