It would be a "quick march from 19th to 21st century law" if recommendations by the Law Reform Commission on vulnerable adults were implemented speedily, according to commission president and retired Supreme Court judge Justice Catherine McGuinness.
Justice McGuinness was speaking at the launch of the commission's report on vulnerable adults and the law which calls for the replacement of the ward of court system for people with limited mental capacity by a guardianship system.
Justice McGuinness said it was "quite unacceptable" today to refer to lunatics or The Marriage of Lunatics Act. The report's recommendations "provide a good framework for the guardianship, protection and support of vulnerable adults who have the capacity to make their own decisions even if it seems to others that their decisions are unwise".
Under the new guardianship system a guardianship board of three people chaired by a High Court judge would appoint a personal guardian for an individual who lacks capacity for their property, financial affairs and welfare.
Among the recommendations in the report is that all equity-release schemes should be approved by the financial regulator Ifsra, and Justice McGuinness said this was important to ensure older people were not exploited by such schemes.
Minister for Health Mary Harney, who launched the report, said it was essentially a matter for the Minister for Justice, but she would like to see it expedited and would talk to the Tánaiste about it. "I don't know if we can have it in the first six months of next year, but I would like to see it as quickly as possible."
The Law Reform Commission's director of research Ray Byrne said the report aimed to support people who were particularly vulnerable. Control over their affairs should not be taken away from them. "There's a rights element in this," he said.
A personal guardian, someone who is very close to an individual, would have to be approved by the guardianship board and then supervised by an Office of Public Guardian.
Currently between 2,000 and 3,000 people are wards of court, which means they lose control over all aspects of their financial and personal life. Under the guardianship proposal the guardian would manage limited aspects of a person's affairs but not necessarily all aspects.
Age Action has welcomed the publication of the report.
"Some older people are vulnerable and continue to face the risk of abuse, mistreatment and neglect on a daily basis," said its spokesman Eamon Timmins.
"To date, the State has not done enough to protect them and ensure their rights are respected. We believe the Law Reform Commission report addresses several key issues in this regard, and we welcome its publication as a valuable contribution to the debate about how we care for our older people. Legislation must not only protect the rights of older people as individuals, but it must also promote their empowerment."
