As reported in yesterday’s Irish Times (see report here), the President of the High Court Mr Justice David Barniville queried how he can be sure that a relevant person’s financial interests are protected by his proposed decision-making representative.
He said a team of staff at the High Court’s wardship office, together with appointed solicitors, have provided a “Rolls-Royce” service for protecting the finances and assets of people who were declared wards of court due to a lack of mental capacity.
Under the wards of court system, which is being phased out over three years, the High Court was regularly updated and asked to approve decisions about a person’s care, treatment and finances.
Under the wardship system, the judge was sure a relevant person’s rights were protected by their court-appointed solicitor and committee, who provided the court with regular updates.
The judge said it seems he has no ability to take any further steps in relation to a relevant person, as “everything falls to the decision-making representative” under the new system.
“That gives me concern generally,” he said, adding that in another case the ward might have significant sums of money.
Mr Justice Barniville said it remains to be seen how well the new system compares to the old.