Changing archaic wardship system

Sir — I would like to respond to Gavin McLoughlin’s piece (Business, Sunday Independent, February 26) regarding the non-provision of statements to committees of wards of court by the Courts Service. The Courts Service promised many times, in correspondence back in 2010, and repeated several times since, that these statements would be sent out to committees — and this still has not happened. Many do not know the status of their relative’s fund nor how the investments have performed. The families of wards for whom the general solicitor acts have no right to accounts, although they may be committee of the person, and need this information in order to do their best for their relative.

Following concerns expressed by families about the investment of wards funds, the Public Accounts Committee published a report in July 2015 regarding wards of court funds but the recommendations in that report have not been implemented. They found that some individual funds were severely depleted in value because of the fall in unit value during 2007/09 period.

Our group, Justice for Wards, has been involved in supporting families who have a family member in wardship. We have lobbied for the abolition of the archaic wards of court system for many years, but despite the signing into law of the Assisted Decision-Making (Capacity) Act in 2015, the setting up of the decision support service has not commenced, nor the discharge of wards from wardship. Part six of the act which concerns wards has not commenced and it will take up to three years to discharge wards from the WoC service. Wards of court are amongst the most vulnerable of our citizens who have been stripped of their autonomy and rights — in many cases without family having any involvement.

It is of concern that we are learning of very robust efforts by the HSE to have elderly people who have substantial means declared wards of court — this rush to take people into wardship should be put on hold until the new system is put in place. They need to have their rights and property safeguarded in a 21st-century system rather than under the Lunacy Regulations 1871.

The wards of court system is in breach of the UN Convention on the Rights of Persons with Disabilities — which Ireland has signed but not yet ratified — 10 years after signature.

Politicians please take note — we need action, not promises.

Mary Farrell, justiceforwards@gmail.com