In the matter of P (Capacity) 21-May-2021

AND IN THE MATTER OF ARTICLE 24 OF THE CAPACITY AND SELF-DETERMINATION (JERSEY) LAW 2016.

This is an unusual application, believed to be the first of its type. P has resided at a care home since April 2020 and is 62 years old. Some time ago he suffered a stroke affecting his left side and he cannot perform his daily functions without assistance. His past medical history is one of excessive alcohol consumption, which has also affected his cognition and family relationships. He appears to be friendless and has no links with his family.

The Judicial Greffe was first in receipt of a capacity assessment in respect of P nearly a year ago. Unfortunately, because no delegates were forthcoming, no application for the appointment of a delegate could be made before now. What seems to have triggered the current application is P's admission to hospital in February 2021. During that period of hospitalisation, the manager of the care home in which he lives served notice on P and refused to take him back because of substantial outstanding fees; as of 14 th April, 2021, the outstanding balance was £48,958.00, increasing weekly by £941.50.

As P was ready to be discharged, and because his accommodation at the care home was at risk, the Health and Social Services Department came to a temporary financial arrangement with the care home while P's financial position was resolved.

On 16 th February, 2021, a further capacity assessment was carried out on P by Miss Ewelina Czachor, a Hospital Social Worker with Health and Community Services. In her professional opinion, P is unable to manage his property and affairs because of an impairment or disturbance of the functioning of his mind or brain. In support of her assessment, Miss Czachor attached a copy of a letter dated 16 th February, 2021, from Dr Walker at the General Hospital to Dr Loane of the Co-op Medical Practice.