Subject-Matter Index

Curatelle

court’s supervisory powers

development of common law curatelle jurisdiction satisfies all Lord Lowry’s “five aids to navigation” in judicial law-making—(a) if solution doubtful, judges to beware of imposing own remedy; (b) to be cautious if legislature has failed to legislate to clear up “known difficulty”; (c) better to concentrate on strictly legal solutions than deal in disputed matters of social policy; (d) fundamental legal doctrines not lightly to be set aside; and (e) changes to achieve finality and certainty: In re X (Royal Ct.), 2007–08 GLR 387

Guernsey courts able to develop common law of curatelle to meet changing social conditions—may follow other jurisdictions of curatela (e.g. Scotland) and extend powers of curateur and court’s supervisory jurisdiction over curatelle to give powers to recommend and approve dispositions of incapable’s estate to save foreign inheritance tax otherwise payable on his death—immaterial that no immediate benefit to incapable personally or that disposition continues after end of curatelle: In re X (Royal Ct.), 2007–08 GLR 387

part of inherent jurisdiction over curatelle—not trust relationship and court’s powers not affected by Trusts Law—powers not extended by assumption of royal prerogative powers (as in England) over mental patients: In re X (Royal Ct.), 2007–08 GLR 387

when developing common law of curatelle by reference to developments elsewhere, system of law in other jurisdiction to be similar to Guernsey’s—court also to consider make-up of Guernsey population and society to ensure that developments “consistent with needs of Guernsey community”—wish of Guernsey residents to make tax-efficient provision for families abroad important consideration in developing curatelle rules: In re X (Royal Ct.), 2007–08 GLR 387

sale of realty of incapable

locus standi of alternative offeror—once court satisfied that proposed sale of property agreed by family council and co-owner (at price recommended by valuer and to ready and willing purchaser) within range of options available to prudent curateur, third party wishing to make alternative offer has no locus standi: In re Williams (Royal Ct.), 2011–12 GLR N [13]

Curateur

limited appointment for specific transaction

may be appointed as special guardian for limited purpose of selling realty of incapable—remains under obligation to act en bon père de famille for benefit of incapable—court to be satisfied that proposed sale within range of options available to prudent curateur: In re Williams (Royal Ct.), 2011–12 GLR N [13]

powers and duties

powers resemble attorney more than trustee—supersedes incapable in managing his affairs and assets—duty to act as prudent administrator for benefit of incapable (en bon père de famille) and owes him fiduciary obligations: In re X (Royal Ct.), 2007–08 GLR 387

recognition of foreign guardian

court may recognize foreign guardian to enable transfer of Guernsey patient’s assets to foreign jurisdiction if in best interests of patient resident and domiciled there—subject to proper proof of appointment and scope of powers under foreign law—no need to appoint special guardian in Guernsey: Haug v. Royal Bank of Canada Inv. Mgmt. (Guernsey) Ltd. (Royal Ct.), 2000–02 GLR 217

Diminished responsibility. See CRIMINAL LAW (Diminished responsibility)

Hospital treatment order. See CRIMINAL PROCEDURE (Sentence—hospital treatment order)

Insanity. See CRIMINAL LAW (Insanity)

Mentally disturbed beneficiary. See TRUSTS (Variation—“benefit”)

Presumption of sanity. See EVIDENCE (Presumptions—presumption of sanity)

Special guardian. See Curateur—limited appointment for specific transaction. Curateur—recognition of foreign guardian

Testamentary capacity. See SUCCESSION (Wills—testamentary capacity)

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