Jersey support for non-UK deputyship registrations
When a person loses mental capacity and holds assets in Jersey, legal authority must be established before those assets can be accessed or managed. In cases where a court has appointed a Deputy, Guardian, or Administrator to act on behalf of an individual, that appointment does not automatically extend to Jersey.
To ensure recognition under Jersey law, the foreign order must be formally registered with the Royal Court of Jersey. Parslows LLP provides expert guidance on registering deputyship, guardianship, and administration orders from other jurisdictions, including Commonwealth countries and beyond, so they are recognised under Jersey law.
This process is essential for families, professionals, and institutions managing the affairs of individuals who lack capacity and have cross-border financial interests. Jersey law requires that any foreign order be validated locally before Jersey-based institutions, such as banks or investment firms, can accept instructions from the appointed representative. Without registration, the foreign order has no legal effect in Jersey, regardless of its validity elsewhere.
The application for registration is made by way of a Representation to the Royal Court. This must be submitted by a Jersey-qualified lawyer. Parslows LLP handles the entire process on behalf of clients, ensuring that all documentation is correctly prepared and that the application complies with the requirements of the Capacity and Self-Determination (Jersey) Law 2016. Upon approval, the Royal Court issues an Act of Court confirming recognition of the foreign order, which can then be presented to Jersey asset holders.
The documentation required typically includes a certified copy of the foreign court order, a brief chronology of events leading to the appointment, confirmation of the parties involved, and details of the Jersey assets. In some cases, additional evidence may be required to confirm the ongoing validity of the foreign order or to demonstrate its scope. Parslows LLP works closely with overseas legal advisors to ensure that all necessary information is obtained and presented in the correct format.
The types of orders eligible for registration include deputyship orders from Commonwealth jurisdictions, guardianship orders from European countries, and protective administration orders from other recognised legal systems. Each application is assessed individually, and the Royal Court will consider whether the foreign order meets the standards required under Jersey law. Parslows LLP has experience in this area and can advise on the likelihood of recognition and any potential issues that may arise.
Once registered, the Act of Court provides the legal authority for the appointed representative to manage Jersey assets in accordance with the terms of the original order. This may include accessing bank accounts, managing investments, paying bills, or making decisions about property and welfare. The representative must act in the best interests of the individual and comply with the principles set out in Jersey’s capacity legislation.
If you have been appointed as a Deputy, Guardian, or Administrator and need to manage assets in Jersey, Parslows LLP is here to help. We provide a responsive and professional service, guiding you through the legal requirements and ensuring that your authority is recognised without unnecessary delay. Our goal is to make the process as straightforward as possible, allowing you to focus on supporting the individual in your care.
