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DC Field | Value | Language |
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dc.date.accessioned | 2018-04-20T12:58:18Z | - |
dc.date.available | 2018-04-20T12:58:18Z | - |
dc.date.issued | 2017 | - |
dc.identifier.uri | https://www.um.edu.mt/library/oar//handle/123456789/29418 | - |
dc.description | LL.B | en_GB |
dc.description.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. | en_GB |
dc.language.iso | en | en_GB |
dc.rights | info:eu-repo/semantics/restrictedAccess | en_GB |
dc.subject | Guardian and ward | en_GB |
dc.subject | Mental health laws | en_GB |
dc.subject | People with disabilities -- Legal status, laws, etc. | en_GB |
dc.title | Harmonizing guardianship with interdiction and incapacitation | en_GB |
dc.type | bachelorThesis | en_GB |
dc.rights.holder | The copyright of this work belongs to the author(s)/publisher. The rights of this work are as defined by the appropriate Copyright Legislation or as modified by any successive legislation. Users may access this work and can make use of the information contained in accordance with the Copyright Legislation provided that the author must be properly acknowledged. Further distribution or reproduction in any format is prohibited without the prior permission of the copyright holder. | en_GB |
dc.publisher.institution | University of Malta | en_GB |
dc.publisher.department | Faculty of Laws | en_GB |
dc.description.reviewed | N/A | en_GB |
dc.contributor.creator | Zarb, Rebecca | - |
Appears in Collections: | Dissertations - FacLaw - 2017 Dissertations - FacLawCiv - 2017 |
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File | Description | Size | Format | |
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17LLB141.pdf Restricted Access | 911.2 kB | Adobe PDF | View/Open Request a copy |
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