06 June 2017 Issue 5 Donna Withers TEP

Peace of mind

Donna Withers explores Jersey’s new mental capacity law

Key points

What is the issue?
Legal difficulties arising by reason of the ageing population are now being addressed by the legislature in Jersey.

What does it mean for me?
Practitioners should have an awareness of the latest developments affecting private clients with connections to Jersey.

What can I take away?
Knowledge of the approach in Jersey to matters relating to vulnerable clients.

Although Jersey enjoys a highly developed legal system facilitating its offshore finance industry, its laws in relation to mental capacity have been somewhat neglected, having last been refreshed nearly 50 years ago. Given the relatively small population of the island, estimated at just higher than 100,000, case law on the subject is sparse.

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