Ensure peace of mind with our Jersey Delegate services

We never forget that this is your loved one’s life and their money and we fully respect their life choices.

Wills and Estate Jersey – Jersey Delegate Services

If a person in your life is no longer able to manage their own financial affairs or make informed decisions about their personal welfare and they had not entered into a lasting power of attorney, it is often necessary to appoint a Delegate.

The Delegate may be appointed to make a limited range of decisions over a short period. He or she may also be appointed more generally to make decisions affecting the person for an indefinite period, if that is appropriate. The Court will set out the basis that the Delegate can act and for how long. Delegates must always act in the best interests of the person and they must follow the principles as set out in the Capacity and Self-Determination (Jersey) Law 2016.

While Parslows Delegate team members have longstanding experience in supporting clients, we don’t presume to know what your loved one would want. We listen to your loved one, his or her family members and the wider support team to understand what the needs and objectives are.

Our Delegate Services

We can assist you with the following services among others:

  • Appointing and supporting delegates
  • Professional delegate services
  • Lasting Powers of Attorney
  • Selling, buying or adapting properties
  • Statutory Wills
What is a Delegate?
This is a Royal Court appointed person pursuant to the Capacity And Self-Determination (Jersey) Law 2016, who is authorised to make decisions on behalf of a person, where that person does not have the capacity to make the decisions for themselves, because they have an impairment or a disturbance in the functioning of their mind or brain.
What is the definition of capacity?
‘Capacity’ means the ability to make a decision. A person without capacity does not have understanding of the decision they need to make, why they need to make it and the likely consequences.
How is capacity assessed?
In essence if a person is unable to make a decision at the time it needs to be made – because either they have an impairment of the mind or brain or some other disturbance in the way their mind or brain works that is affecting the decision-making – they may lack capacity.

In general terms one would be assessing whether the person has an understanding of the following:

  • the decision they need to make
  • why they need to make it
  • any information relevant to the decision
  • the likely consequences of the decision
What happens if someone is assessed as having lost capacity?
This will depend upon whether the person has already set up a Lasting Power of Attorney or not.

In cases where a Lasting Power of Attorney has not been set up it may be necessary to apply to the Royal Court for the appointment of a Delegate to assist with the affairs of the person lacking capacity.

In cases where a Lasting Power of Attorney has been set up the person would have chosen when the Lasting Power of Attorney would take effect. It may be that certain rights are provided whilst with capacity and or once the person has lost capacity.

What type of Delegates are there?
There are 2 types of Delegates:

  • a Delegate for property and financial affairs
  • a Delegate for health and welfare
What criteria must a Delegate follow when acting for a person without capacity?
A Delegate must always have note of the following when acting and or making decisions for a person without capacity:

  • follow the core principles (see below)
  • make decisions or act in the best interests of the person who lacks capacity without undue delay. This means that they must make decisions only for the person’s benefit and not for anyone else
  • have regard to the guidance in the Capacity and Self-Determination (Jersey) Law 2016 Code of Practice
  • only make decisions the Royal Court has given them authority to make
  • comply with the directions of the Royal Court
What are the core principles?
  • a person must be assumed to have capacity unless it is established that they lack capacity
  • a person is not to be treated as unable to make a decision unless all practicable steps to support them to do so have been taken without success
  • a person is not to be treated as unable to make a decision merely because they make an unwise decision
  • an act done, or decision made, under the Law for or on behalf of a person who lacks capacity must be done, or made, in their best interests
  • before an act is done, or a decision made which is restrictive of a person’s rights and freedom of action, regard must be had to whether the purpose for which it is needed can be achieved as effectively in a less restrictive way
Once a Delegate is appointed can a person ever make his or her own decisions again?
This will depend upon the health of the individual. Some people may have temporary issues which with time resolve, others may be a more long-term issue such as people suffering with Alzheimer’s.

In any event the overriding objective is to try where possible for the person to make their own decisions. As such the person should be assessed before a core decision is made as to whether he or she can make such decision for themselves.

Can a Delegate make all and any decisions?
There are certain decisions which can never be made on behalf of a person who lacks capacity. For example Article 7 of the Capacity And Self-Determination (Jersey) Law 2016, and Chapter 4 of the Code of Practice sets out the specific decisions which can never be made under the Law, whether by family members, carers, professionals, attorneys or the Court.
How much can a professional Delegate charge?
A professional Delegate can charge their professional fee when administering the person’s property and affairs. Any charged fee must be:

  • in the best interest of the person
  • reasonable
  • in proportion to total value of the person’s assets and the amount of work done

The above is always subject to the direction of the Royal Court.

Is a professional Delegate supervised?
Delegates must complete an annual plan and report, as at the anniversary date of the Delegate’s appointment, each year. The form must be delivered to the Judicial Greffe.

The Viscount is responsible for supervising and supporting Delegates.

Ultimately, Delegates are accountable to the Royal Court. The Royal Court can cancel a Delegate’s appointment if it decides the appointment is no longer in the best interests of the person who lacks capacity.

If we are appointed as a Delegate, we will work to enable your loved one to make his or her own decisions whenever possible. We never forget that this is your loved one’s life and their money and we fully respect their life choices.

What our clients say

“You have a great team …”

Many thanks for your teams assistance with our Wills. You have a great team! Thanks again

Wills & Estate Planning April 15, 2019