Written answers
Thursday, 13 October 2011
Department of Justice, Equality and Defence
Proposed Legislation
2:00 pm
Joanna Tuffy (Dublin Mid West, Labour)
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Question 153: To ask the Minister for Justice and Equality the position regarding the need for the law regarding wards of court to be reformed in order that relatives of the wards of court can more easily take decisions for the benefit of the ward of court; and if he will make a statement on the matter. [29380/11]
Alan Shatter (Dublin South, Fine Gael)
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The Government Legislation Programme indicates that the Mental Capacity Bill is expected to be published in early 2012. The Bill will reform the law on mental capacity and will replace the Wards of Court system with a modern statutory framework governing decision-making on behalf of adults who lack capacity. Under the Bill the courts will be empowered to appoint appropriate persons, who may be family members, as personal guardians for those lacking the capacity to manage their own affairs. The Bill will contain guiding principles to assist personal guardians as well as the court in making decisions on behalf of the person. The statutory guiding principles will require in particular that any act done or decision made on behalf of the person must be in that person's best interests.
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