Becoming a delegate

A Delegate appointed by the Court is someone authorised to make decisions on behalf of a person who lacks the mental capacity to make them themselves. 

Types of Delegates

• Property and affairs delegate: Makes decisions about the person’s financial matters.
• Health and welfare delegate: Makes decisions about the person’s health and personal care

Health and welfare delegates are only appointed in special circumstances.  Ordinarily, if a person cannot make health and welfare decisions themselves and they have not previously registered a Lasting Power of Attorney (LPA) for health and welfare with the Judicial Greffe, then their care and medical professionals will make a best interests decision when needed.

Who Can Be a Delegate?

• Anyone over 18 years with a relationship to the person needing help, usually a close relative or friend
• Professionals like lawyers or accountants can also be delegates.
• The Court must be satisfied that the person is suitable and capable of performing the role
• A person who is bankrupt cannot be a delegate for property and affairs but can be for health and welfare

They must:

• Act with Honesty and Integrity:  Always act in the Person’s best interests
• Exercise Care, Skill and Diligence:  Use the same care as they would for their own affairs
• Understand and Meet Obligations:  Know and meet the required obligations
• Possess Necessary Skills and Experience to perform the role effectively

Responsibilities of a Delegate

1. Understand Your Role:
   • Know the Capacity and Self-Determination (Jersey) Law 2016 and the Code of Practice
   • Have enough understanding of the law and its principles to perform the role
2. Follow Court Orders:
   • Act within the authority given by the Court
   • Understand your limits
3. Best Interest Decision-Making:
   • Act in the Person’s best interests, considering their past wishes and values
   • Involve the Person in decision-making as much as possible
4. Fiduciary Duties:
   • Avoid conflicts of interest and do not take advantage of your position
5. Interactions with the Person:
   • Discuss and record the Person’s feelings, wishes, beliefs and interests, both past and present, with them
   • Use appropriate ways to communicate with the Person, for example, in their preferred language
   • Stay in regular contact with family members and carers, and make sure that they are involved in the best interest decisions-making process when appropriate  
   • Balance the duty to consult with others as part of your best interest decision-making process with the Person’s right to confidentiality.  Only seek the views of people who it is appropriate to consult and where their views are relevant to the decision to be made
6. Keep Records:
   • Maintain copies of important documents and records of financial decisions
7. Submit Reports to the Judicial Greffe:
   • Submit an inventory of the Person’s assets
   • Provide a report, with financial statements, annually
   • Provide a final report when your appointment ends
8. Surety Bond (for delegates outside Jersey):
   • Obtain a surety bond if required by the Court, covering 70% of the Person’s movable estate
   • Pay annual premiums and adjust the bond value as needed
9. Court Applications:
   • Apply to the Court for decisions outside your authority, such as selling property, entering into a LTC property loan or making gifts
10. Review Necessity:
    • Regularly review the Person’s needs, spending and capacity to handle money
    • Consider if your role is still needed if the Person regains capacity or their circumstances change
11. Inform the Judicial Greffe:
    • Notify of any changes in contact details, conflicts of interest, or significant changes in your or the Person’s situation
12. Managing Finances:
    • Apply for and review benefits, keep funds separate from your own unless you have a long-standing arrangement (like being married), ensure all tax obligations are met, manage investments, pay debts, and ensure the Person has enough money for personal items, such as toiletries, to meet their needs

Decisions a Delegate Cannot Make

A delegate cannot make decisions on the following matters due to their personal nature or legal restrictions:-

• Marriage or civil partnership
• Sexual relationships
• Decree of divorce
• Dissolution of a civil partnership
• Child adoption placement
• Making an adoption order
• Organ donation
• Fertility treatment
• Discharge of parental responsibilities (except for property matters)
• Voting in elections
• Treatment for a mental disorder under Part 6 of the Mental Health Law

Delegates for health and welfare are only appointed in special circumstances.  Ordinarily, if a person can’t make health and welfare decisions themselves and they have not previously registered a Lasting Power of Attorney (LPA) for health and welfare with the Judicial Greffe, then their care and medical professionals will make a best interest decision when needed.

Delegates for property and affairs:  To apply to the Court to be appointed delegate for property and affairs for someone who cannot make a specific decision and/or manage their property and financial affairs themselves, you will need the following:

Documents	Notes
Application for property and financial affairs matters (DP01)	If you are nominating yourself as Delegate for the person, you will complete Part A as the Applicant and then Part B as the proposed Delegate. If you are nominating someone else to be Delegate for the person the you (the Applicant) will complete Part A and the proposed Delegate will complete Part B.
Practitioner's Assessment of Capacity form (DP05)	A person must be assumed to have capacity unless it is established that they lack capacity. The Court will need to be satisfied that the person for whom a Delegate is to be appointed lacks capacity to consider the specific decision(s). This form must be completed by a registered practitioner e.g. a general practitioner (GP); a medical practitioner, social worker, psychologist, psychiatrist, or an approved mental health practitioner who is registered with the Jersey Care Commission. If you are asking a practitioner to assess a person’s capacity, they need to know exactly what decision they are evaluating.  For example, is the assessment about whether the person can manage their own finances and property?  The discussion during the assessment will focus on the specific decision being evaluated.
Two character references for the proposed delegate	These can be letters from friends or colleagues who know you well (at least 2 years) and who can confirm that you have a good character and are suitable to be appointed Delegate for the person you are applying to assist.  Referees should also mention how long they have known you and in what context.
Letters of consent	If the person you are applying for has immediate family members, like a spouse or children (or if none, then siblings), we require letters from each of them.  These letters should confirm they know about your application to be appointed as Delegate and that they agree with it.
Due diligence	We require photographic ID, for example passport/driving licence and an original utility bill or bank statement showing your residential address (the document needs to be dated within the last three months).
A clear basic Disclosure and Barring Service (DBS) database check certificate	This is a form of police check that shows any unspent convictions or conditional cautions you may have. You can apply for a basic DBS check online through gov.uk or through one of the many companies that help with these applications.   In addition to your passport, you are asked that you have your driving licence and National Insurance Number to hand.  Currently, Jersey residents applying for the DBS check are not required to provide the driving licence and National Insurance number. Citizens Advice Jersey can also help you with your DBS application.
A surety bond (if the Delegate resides overseas)	If you live outside of Jersey, the Court may require you to take out a surety bond on behalf of the person.  If you are not sure if one is required, contact the Judicial Greffe’s protection team.
The application fee	A list of our fees can be found on the Protection Division Fees page. You can pay your application fees using our new online fee form.

After you are appointed as Delegate, you can claim back any expenses you incurred while making the application, like the application and DBS fee, from the person’s funds.

Before you take your application to Court, the protection team at the Judicial Greffe will ask you to meet with them.  They will explain the principles of the Capacity and Self-Determination (Jersey) Law 2016, its Code of Practice and the roles and responsibilities of Delegates.  This will ensure that you have all the information you need to take on the role.

If you have any questions, telephone the Judicial Greffe’s protection team on (01534) 441360 or email jgrprotection@courts.je.  They will be happy to help you.