Elderly people who are vulnerable to all forms of abuse including physical, mental and financial, should have the benefit of a new system for their protection, the Law Reform Commission has recommended.
The commission has proposed a guardianship system to replace the wards of court structure, a public guardian like an ombudsman to oversee the scheme and a tribunal to determine the legal capacity of vulnerable elderly people.
The consultation paper was launched by the President, Mrs McAleese, yesterday.
It criticised the mechanisms now available as unsatisfactory and financial institutions which, it stated, did not address their problems.
"The increasing depersonalisation of financial services delivery - the closure of local post offices and local bank branches and the promotion of automated and internet banking - means that there is little protection for vulnerable elderly people who need assistance with their banking arrangements."
Concerns had also been raised about institutions promoting arrangements which involved older people using their homes as security on which to raise funds for younger family members.
"There does not seem to be much evidence that financial institutions have addressed the problems which could arise for their elderly customers. Widespread concerns about the pressures which may be put on the susceptible elderly by such arrangements have been expressed to the commission," the paper said.
It also recommended that guidelines be available to solicitors in their dealings with elderly people in respect of financial and property transactions.
Concern about elder abuse had been increasing in recent years.
In 2001, there were about 430,000 people aged 65 and over living in Ireland, just over 11 per cent of the population. This was expected to be 14 per cent by 2011 and 21 per cent by 2031.
Law Reform commissioner Ms Patricia Rickard-Clarke said yesterday: "Currently if a person lacks the capacity to make decisions, they will be made a ward of court.
It's an outmoded system which doesn't take account of the needs of the elderly."
Under the proposals, the new guardianship system would entail a tribunal made up of a judge and medical and lay personnel who would conduct an inquiry into a person's capacity.
The tribunal would then make an order where appropriate for a personal guardian to be appointed who would have overall responsibility for the day-to-day care of that person.
The office of public guardian would be introduced, much like an ombudsman, who would have the responsibility to protect and vindicate their rights by providing certain services, having overall responsibility for attorneys and supervising personal guardians.
The commission will make its final recommendations next year.