Judy Thornley Advocates

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Mental Health Receivership

When a person loses mental capacity but has not made an enduring power of attorney it is necessary for a mental health receiver to be appointed by the Court to manage their financial affairs. A close relative or sometimes a longstanding friend can often be appointed receiver but the receiver must reside on the island. Alternatively, and where there is no suitable relative or friend, a professional receiver is appointed, normally an advocate or accountant.

Strict records must be kept relating to the patient’s financial affairs and accounts must be filed at the court each year. Except where the receiver is a spouse, the receiver must enter into an insurance bond equivalent to the total value of the estate. An advocate’s professional indemnity insurance provides suitable cover so that there is no additional cost to the patient’s estate. The receiver’s remuneration is fixed by the court.