Sometimes in life there are reasons why a person may no longer be able to manage their own financial affairs or make informed decisions about their personal welfare. In cases where your loved one has an incapacity it may be necessary to appoint a Delegate to be responsible for the vulnerable person’s decisions about issues like property and finance.
Until recently the only option in Jersey was to place the individual under curatorship and for a curator to look after all affairs of the individual. Curatorships are no longer in use.
The Capacity and Self-Determination (Jersey) Law 2016 provides a new procedure to appoint a Royal Court delegate to act and make decisions on the individual’s behalf. Being appointed a delegate is an important responsibility which comes with legal obligations. Delegates must always act in the best interests of the individual.
There are three types of delegates:
Once an individual no longer has capacity to manage their property and financial affairs (or in fact never had this capacity) it is not possible to put a Jersey lasting power of attorney in place or to continue to use a standard Jersey power of attorney.
Sometimes there is no-one suitable or available to act as the delegate for someone lacking capacity. Family members may find the prospect overwhelming or daunting, or may not be able to agree on who should manage a relative’s finances. In these situations, appointing a professional delegate can provide a solution.
If you require Jersey Capacity professional services, contact us now. We can answer any questions you may have and provide you with information that you will find helpful. There’s no obligation to use our services thereafter. T&Cs apply.