Expert guidance on legal capacity and decision making.

Capacity refers to a person’s ability to make decisions for themselves and for their future. This includes decisions about their property, finances, medical treatment, care arrangements and general day-to-day life. A person may lose capacity temporarily (perhaps after an accident) or permanently (due to illness or other progressive conditions).

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Our Expertise

Whether you are concerned about your own ability to make decisions in the future or are caring for someone who may be losing the ability to manage their own affairs, our team provide calm and expert guidance to help you navigate your options with confidence.

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Our Approach

We handle every capacity-related matter with care and a genuine commitment to supporting our clients and their families during times of uncertainty.

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The Legal Test for Capacity

The assessment as to whether someone has capacity is decision specific, meaning someone might have the ability to make certain decisions (such as what to eat or where to live) but not others (such as managing investments or executing legal documents).

To assess whether a person has capacity and the understanding to make a specific decision, professionals must generally consider whether they can:

• Understand the decision to be made and why they need to make it.
• Retain that information long enough to make the necessary decision.
• Weigh up the options and consequences of that decision.

It is important that a person is not to be considered incapable just because they make a decision that others view as unwise.

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What Happens If Capacity Is Lost?

Unless a person who loses capacity has made prior legal arrangements (such as putting in place a Lasting Power of Attorney), it may be necessary to apply to the Royal Court of Jersey for the appointment of a delegate who will be able to make decisions on their behalf. The Delegate’s powers may relate to financial decisions, health or both and may be a family member, a friend or a professional advisor.

Delegates must:

• Make decisions or act in the best interests of the person lacking capacity.
• Avoid conflicts of interest.
• Keep clear financial records.
• Respect the individual’s remaining capacity and involve them in decisions where possible.
• Follow the guidance and directions of the Royal Court.

We provide support and advice to delegates so they can properly perform their duties with confidence. We also offer professional delegate services where appropriate, acting with integrity and transparency in the interests of the individual concerned.

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Prevention and Planning Ahead

While much of our work involves situations where capacity has already diminished, we strongly encourage clients to think ahead in order to retain as much control as possible. The most effective way to manage future incapacity is by putting in place a Lasting Power of Attorney (LPA), a legal document that allows someone you trust to make decisions on your behalf if the need arises.

For more information, please visit our Lasting Powers of Attorney page.

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Our Values in Action

Excellence: High-quality legal advice that is clear and practical.

‍Delivery: A commitment to dignity and autonomy.

‍Respect: Efficient, reliable handling of complex legal processes.

‍Elegance: Sensitive support through emotionally difficult decisions.

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Why BCR Law

We combine technical excellence with a human understanding of the emotional and practical challenges faced by our clients. Our team is trusted by families, medical professionals, and the Royal Court of Jersey to deliver quality advice in this area.

Whether you are worried about your own capacity, helping a relative or applying to function as a delegate, we are here to guide you with:

• Preparation and registration of Lasting Powers of Attorney.
• Applications to be appointed as a delegate.
• Disputes between family members about decision-making.
• Applications to approve significant decisions (e.g. selling a home or arranging care).

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