Citizens Advice Bureau

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LOCAL INFORMATION

10.5.0
Curatorship

Extent:Jersey
Updated 27 October 2017
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Words you may need  to know

Curatorship - the process of appointing someone to manage someone else affairs

Curator - the person appointed by the court to look after someone else's affairs

Appointing -  agree, authorise or put in place someone

Affairs - the payment of bills, selling of property, management of money / bank accounts etc

Incapable/ Incapacity - not able to do something, not capable.

Fulfilling - carrying out

Discretion -  their decision whether they do something , they don't have to

Reinstatement - put back to how things were, take back

Administrator - someone who carries out administrative duties e.g. pays bills, deal with officials, arranges things to happen

Convince - persuade, sway, prove to, assure

A more detailed guide to curatorship is available on the below link;

https://www.jerseylaw.je/courts/curatorships/Pages/default.aspx

Curatorship

A Curator is a person who is appointed by the Royal Court to manage and carry out the affairs of another who, in the opinion of the Court, is incapable of so doing. An application for a curatorship is dealt with by the Law Officers’ Department, in conjunction with the Judicial Greffe.

A Curator is in a position of trust and must carry out their duties honestly and correctly.

Problems with curatorship

Anyone who thinks that a Curator is not working in the best interests of the person who is incapable should write to the Solicitor General saying why they believe the Curator is not fulfilling their duties.  The Solicitor General will look into matters and may bring a case against the Curator for not handling the affairs correctly.

Problem of Carer or relative wishing to have access to accounts / information

If you are a relative or carer of an individual under curatorship and you have asked for information about the individual which the Curator refuses to give, you should write to the Judicial Greffe, addressing your letter to the Registrar of Probate, who will look into the matter. It will be at their discretion whether the information can be passed on to you and much will depend on the circumstances.

How to get Curatorship

To become the curator of another person's affairs when that person is incapable of managing their own, it is necessary to;

·         Get a certificate of mental incapacity from the GP stating the mental condition of the person being considered.

·         Complete a checklist form sent by the Law Officers' Department, Morier House, Halkett Place, St Helier.

·         It is not necessary to go through an Advocate but it could make matters easier if you do.

Reinstatement as administrator of own affairs

An individual who is the subject of a curatorship has the right to apply to the Royal Court for their reinstatement as administrator of their own affairs. The burden of proof rests with the Health & Social Services Department who will try to convince the court that the person remains unfit under the Mental Health (Jersey) Law 1969.