Ms Áine Flynn:

In relation to current wards and the pathway out, there is provision for that review that must take place in relation to all current adult wards, numbering something like 2,300 to 2,500. Those applications will be taken by the wardship court, which can decide whether the person is to have his or her autonomy and decision-making restored to him or her or whether he or she needs to transition into one of the new supports under the Act. The new supporter under the Act could be the family member. He or she will be involved in that application, able to make representations and, if necessary, appointed as a decision-making representative. Families should not consider that they are to be sidelined in this process. The court will have the obligation under the guiding principle to hear from those closest to the relevant person and to look at existing family relationships.

I agree there is work to be done in addressing the established myth around next of kin. People can feel hurt and offended by this and there can be a perception that the Act is doing it to them when I would say the Act is the solution filling the gap that has always prevailed.

The Senator mentioned EPAs as the current solution. One can only make one when one has the capacity to do so. I recognise that advanced planning is not a route available to everybody. The Senator is correct that it can be an expensive structure to put in place currently. We are keen that costs are not a barrier to the service and the support under the Act. If all of us who can do so plan ahead, we may avoid the more onerous and off-putting process of having to go to court.

On supports around going to court, the Act amends the Civil Legal Aid Act. The amending legislation will further amend the Civil Legal Aid Act, so members should keep an eye on that. It makes provision for the relevant person to have fairly ready access to a scheme of legal aid. They do not have to satisfy all the conditions that would apply. Legal advice and legal aid is to be made available to other parties to Part 5 applications, including family members.

I hope the court process is streamlined as far as possible. We have engaged with court services to ask that the court rules be made as accessible as possible and that one form be sufficient, rather than many affidavits, motions and supporting documentation, so the path to court is eased for people and the costs associated with filing a court application are not an off-putting factor.