Harmonizing guardianship with interdiction and incapacitation

Abstract

Last September (2016), the fourth World Congress put together a questionnaire tackling adult guardianship. Several countries, including Malta, participated in this survey. The person who tackled such questions on Malta’s behalf was Professor Joseph Cacciottolo – a member of the Guardianship Board. This survey comprised of a number of questions addressing the formalities surrounding legislation which contributes to legal capacity. This questionnaire establishes that currently, in Malta, we have a system which simultaneously applies three statuses, as evident in one of the questions: 2. What are the types of formal measures that exist to support people with disabilities in exercising their legal capacity? (Especially private mandates or legal representatives appointed by a court/authority) Three formal measures exist: A. Interdiction and B. Incapacitation: both are the remit of the Law Courts. C. Guardianship: this is the remit of the national Guardianship Board as appointed by the President of Malta on the advice of a specific Parliamentary Committee. Three statuses currently govern our legal system in terms of lack of capacity -The author will be assessing guardianship’s role so far as well as where it stands currently with interdiction and incapacitation is there a hierarchy?.For purpose of this analysis,the author enlisted,Marylin Spiteri-Guardianship Board ,Dr Ann Marie Mangion and Also The Hon Justyne Caruana ,in order to acquire a better perspective of the current situation.Chapter 1 is an introductory chapter which will focus on guardianship and other legislation dealing with capacity,disability and vaulnerable persons,Chapter 2 will close in on interdiction incapacitation and guardianship,Chapter 3 Is a brief comparative analysis regarding capacity in EU member states and lastly Chapter 4 will look into the effectivity of guardianship law.