Public guardian office could have up to 50,000 to protect

There could be 50,000 candidates in Ireland for protection under the proposed new public guardianship regime, according to the…

There could be 50,000 candidates in Ireland for protection under the proposed new public guardianship regime, according to the director of reform and development in the Courts Service.

Noel Rubotham was giving an overview of changes involved in transferring responsibility for vulnerable adults from the High Court, through the ward of court system, to the new proposed office of Public Guardian.

He said the Public Guardian's protection remit would be extended by a new functional approach to capacity, linked to the specific decision that had to be made by the person at the time.

The office would also have a general supervisory role of attorneys appointed under enduring powers of attorney, which provides for people to appoint a representative to look after their affairs in the event of them becoming incapable.

READ MORE

There would also be an investigation team to deal with complaints from third parties and a nationwide panel of skilled personnel to visit the people involved.

The Office of Wards of Court, which is attached to the president of the High Court, has 21 personnel, mainly with legal backgrounds. There is no in-house qualified social worker or medico-social worker, Mr Rubotham said.

The new Public Guardian's office, which would be independent of the Courts Service, would need to be adequately resourced and to have a range of personnel of expertise and background.

Patricia Rickard-Clarke of the Law Reform Commission outlined what the commission had proposed in its consultation paper.

The office should have the power to require a service-provider to provide a specific service; to protect the assets of a vulnerable adult; to acquire or dispose of property; to approve healthcare decisions, and to apply for certain orders. The orders proposed included a guardianship order - a personal guardian supervised by the Public Guardian.

Dr Des O'Neill, a specialist in the healthcare of older people, said most older people were healthy, though some would need additional help. He noted that more than half of older people paid for their additional care.

He asked why there were standards for residential homes for children, but not for older people.