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Wills and Estate Jersey – Registering a Court of Protection Deputyship Order in Jersey
A Court of Protection makes decisions for people who are unable to make decisions for themselves, either in relation to their property/finances or their personal welfare.
As such, when someone loses mental capacity, they have assets but there is no lasting power of attorney or enduring power of attorney in existence, an application to a Court of Protection (or equivalent) would be required.
As and when a Court of Protection (or equivalent) issues its order, it appoints a person known as a Deputy to manage the affairs of someone who lacks the mental capacity to manage their own affairs. That appointment may be of a relative or a professional such as a solicitor or accountant. The Court may appoint more than one person to be a Deputy.
In essence a deputyship is a way of getting the legal authority to make decisions on someone’s behalf, if that person no longer has the ability to grant a lasting power of attorney. This legal authority will only be valid in the country it was granted in. In circumstances where there are assets in a foreign country, it may be possible to apply to that foreign country to register the Court of Protection Order.
Does a Court of Protection Deputyship order extend to Jersey?
If you have been appointed by a Court of Protection to manage someone else’s assets and there are such assets in Jersey, this Deputyship appointment does not extend to Jersey. You will therefore have no rights to manage such assets as may be based in Jersey.
How can I manage the Jersey assets?
If there are assets in Jersey, an application will be required to the Royal Court of Jersey. This application will be to request the Royal Court recognise the Court of Protection Deputyship order as granted in your jurisdiction. Upon grant you will then have the requisite rights to manage the assets.
What documents are needed to make the application?
- original (registered) Court of Protection Deputyship Order (or equivalent document) or a copy of this document which has been officially sealed and certified by the Court in the foreign jurisdiction that registered the original order
- a brief chronology leading up to the Deputyship Order
- confirmation of all parties interested in the application
- confirmation / valuation of the asset or assets in Jersey
How is the application made?
An application to register a Court of Protection Deputyship order is made by way of a Representation to the Royal Court of Jersey. This application must be made by a Jersey qualified lawyer.
What happens once the Court of Protection Deputyship Order is registered in the Royal Court of Jersey?
Upon approval of the application, the Court of Protection Deputyship Order will be registered in the Jersey registry. The recognition of the Court of Protection Deputyship Order is confirmed by way of a formal Act of Court issued by the Royal Court.
How long does it take to obtain the Act of Court?
Following the Royal Court application, the Act of Court confirming registration is usually issued within 10 working days.
How do I use the Act of Court to manage the assets?
Once the Act of Court is issued, it should be lodged by you with the Jersey asset holder who can then validly accept instructions from you as Deputy.
For any further queries on this process, please contact Parslows Wills and Estate Planning Team.