Dáil Éireann - Volume 504 - 05 May, 1999

Written Answers. - Legal Guardians.

294. Mr. Sargent asked the Minister for Justice, Equality and Law Reform the plans, if any, he has to review the provision made by parents of a child with a mental handicap to allow for a future guardian to be named in the will as the person to look after the child or adult who is to be left in the guardian's care. [11608/99]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue): The law already provides, in the Guardianship of Infants Act, 1964, for the appointment of a testamentary guardian of a child by the deed or will of a deceased parent. A parent can also, in the normal course in his or her will, make arrangements for the maintenance of any of his or her children who has a mental disability, through, for example, the appointment of trustees to manage the property willed to the child.

There is provision, arising from the jurisdiction of the High Court, for making a person a ward of [426] the court so as to protect the person and property of the ward.

While there are no proposals for change in these areas of the law, I can say that the laws are being kept under review.