Madam, - Your Editorial December 22nd on the Wards of Court system says that Wards of Court lose all their rights. That is not the case: the wardship system operates to protect rather than suppress the rights of those who lack the mental capacity to manage their own affairs.
Many wards live independently and manage their own bank accounts, and they are supported in making decisions where they have the capacity to do so. The President of the High Court, the judge exercising the wardship jurisdiction, will always have regard to the wishes of the ward and his or her family, and it is only for the most cogent reasons that those wishes will not be accommodated.
Most of the recommendations of the Law Reform Commission are to be welcomed, particularly the recommendation that there is a need to emphasise capacity rather than incapacity. It must be accepted, however, that many of those who need protection, whether by wardship or a new guardianship system, simply do not have the capacity to make informed decisions regarding their person and property.
The language of the wardship legislation may be archaic, but the wardship jurisdiction should not be dismissed as having no merit without a proper examination of how it operates in practice. - Yours, etc,
NOEL D. DOHERTY, Registrar of Wards of Court, Phoenix Street North, Dublin 7.