Raising concerns about a delegate or attorney
The Viscount's power to investigate attorney's and delegates
The purpose of the Capacity and Self-Determination (Jersey) Law 2016 (the Law) is to safeguard the dignity and wellbeing of people who are not able to make decisions for themselves. The Law empowers people to make their own decisions for as long as possible and protects them when they no longer can. The Law does this by allowing for the appointment of delegates or attorneys to make decisions.
The Viscount has the jurisdiction to investigate the conduct of delegates and attorneys appointed under the Law. A brief explanation of this role is provided below together with further information about what you should do if you wish to let the Viscount know that you have a concern about the conduct of a person who is acting as a delegate or attorney.
The appointment of delegates and attorneys
A lasting power of attorney (LPA) is a legal document that allows a person to choose trusted people (known as “Attorneys”) to make decisions on their behalf if they lose capacity or would like help in managing their affairs as they get older.
The Law also allows the Court to appoint a person, known as a “Delegate”, to make decisions on behalf of a person, where that person does not have the capacity to make the decisions for themselves.
An attorney or delegate must always act in the best interests of the person who has appointed them to make decisions. They must also comply with any specific instructions in the LPA under which they have been appointed or any requirements and conditions specified by the Court when it appointed them.
Further information about how to appoint a delegate and attorney can be found in Probate and Protection Division section of this website.
The powers of the Viscount
The Capacity and Self-Determination (Supervision of Delegates Etc.) (Jersey) Regulations 2018 give the Viscount statutory powers to:
- supervise the conduct of delegates and attorneys
- monitor delegates’ compliance with the Law and the Court order appointing them
- monitor attorneys’ compliance with the LPA under which they were appointed
- investigate representations made to the Viscount about the conduct of delegates and attorneys
Where necessary, the Viscount can bring complaints to the attention of the Court, so that decisions can be made about how best to protect the interests of a person lacking capacity.
Raising a concern about a delegate or attorney
If you have concerns about the way in which a person’s property and financial affairs or health and welfare are being managed by a delegate or an attorney, you can tell the Viscount's Department. You can do this by completing this Delegate or Attorney Representation Form and returning it to the Insolvency and Delegate Team in the Viscount's Department
You will need to explain why you are concerned and, if possible, provide evidence to support your concerns.
Examples of concerns in relation to the person’s property and financial affairs may be:
- theft or fraud
- misuse of property, possessions or benefits
- over-charging of fees
- making a decision that you believe the individual would not make if they had capacity (for example, if the decision goes against their religious or ethical beliefs)
Examples of concerns relating to the health and welfare of a person may be:
- restricting the person’s contact with another person
- restricting their freedom and liberty
- physically or mentally abusing the person
- neglecting their needs
- making a decision that you know the individual would not make if they had capacity (for example, if the decision goes against their religious or ethical beliefs)
- failing or refusing to make a decision about the person’s care and treatment
The information provided in the form will be reviewed to establish whether we have a remit to start an investigation. The Viscount is not obliged to investigate or consider a complaint if the subject matter is trivial or if the complaint is frivolous, vexatious or not made in good faith.
We may ask the person raising the concern to provide further information and if necessary, we will request information from other sources to decide whether or not there is reason to investigate further.
If we decide that we do, we will investigate the circumstances leading to the complaint. Depending on the nature of the complaint, the Viscount may instruct specialists to assist in the investigation. An investigation may involve gathering information by interviewing people and reviewing documentation such as bank statements, financial records, receipts etc. If appropriate, we may also speak to or ask for information from carers, medical professionals and family members.
Where we can, we will work with the delegate or attorney to resolve the situation giving rise to the concern and ensure that issues are addressed amicably and in the best interests of the person on whose behalf any decisions are being made. However, if the Viscount considers it appropriate, it may be necessary to refer issues to the Court so it can decide whether any further action should be taken.