Colm Burke (Fine Gael) | Oireachtas source

I thank the Minister of State for bringing forward this comprehensive Bill and I also thank her officials and the officials in the Office of the Attorney General for the work that has been done on the legislation.

The enduring power of attorney is an issue covered in the Bill. In highlighting this issue, which was included in legislation introduced in 1996, I am not sure the public is aware of the advantages of effecting an enduring power of attorney. I am sure my colleague, Senator Denis O'Donovan would agree that if one conducted a survey of Members of the Oireachtas, one would find that very few have signed one. The issue I want to raise is how we ensure that people have information on the advantages of effecting an enduring power of attorney because not enough people know of the advantages. The Department should consider how it would publicise it so that people get this information and are aware of the advantages.Even when, as a legal representative, I am approached to draw up an enduring power of attorney, it is normally when a person is moving into a situation in which he or she probably has 90% capacity but is worried about what is being proposed to him or her. I always have a difficulty in trying to advise people this is the best option for them and Members must deal with this issue.

The Bill sets out clearly how the process whereby people need someone to assist them or to take decisions for them will be managed and it is important to have the appropriate legislation. I recently had a case involving a person in a nursing who was aged more than 90 and who suddenly developed dementia. The person's medical card was withdrawn and I had difficulty in trying to get information from the various financial institutions to enable me to reapply for that simple thing, the person's medical card. This was one case in which I had difficulties.

When the fair deal scheme legislation was introduced, procedures were put in place to allow people to make an application to court and to have a court decision made that would help people to fill out the fair deal application forms and to make sure all the relevant information was made available. This legislation now streamlines that entire process. However, much work remains to be done in trying to get across the message about the legislation. While it is important that the legislation is passed much work must be done in trying to explain what is its purpose and in making sure people can and will be facilitated by it. A previous speaker spoke about the aging population and how it will increase in the coming years. I understand that from henceforth, approximately 20,000 people per annum will reach the over-65 age bracket and therefore, it must be kept in mind that increasing numbers of people will be getting older and will be living for longer.

A number of problems exist in respect of the office of wards of court. Senator Moran raised a valid question about making sure adequate provisions are in place to assist people who are wards of court at present but who will be affected by this legislation. Little has changed regarding the wards of court office over the past 30 or 40 years. I can remember applying to the High Court to issue High Court proceedings on someone who was in wardship and being allowed by that court to issue the High Court writ but not to do any further work. I was obliged to wait for eight years for that person to die before being able to proceed with the litigation. This is how restrictive was the Office of Wards of Court and while this is not a criticism of either the High Court or that office, these were the rules in place within which they were keeping. Likewise, getting access to funds is also is a difficult procedure and this legislation will address much of that.

The other point I wish to mention pertains to a scenario in which someone with an intellectual disability has had a trust fund set up for him or her. Difficulties are now being experienced in trying to expend money from such a trust fund and if the Cathaoirleach allows me time I will explain the reason for this difficulty to the Minister of State. If, for instance, one wishes to buy something simple like a television for a facility, one is restricted from drawing down funds from a trust fund for this purpose because other people will share that facility and consideration must be given to this issue. The institutions are stating they are unable to accept that money, which would be for the benefit of the person for whom the trust was set up. This issue must be examined and the Minister of State's Department might reconsider it because a lot of money is being held in trust that cannot now be spent on foot of these restrictions.