Protection for retarded

Press, 8 September 1982, Page 6

Protection for retarded

Parliamentary reporter A framework for legislation to protect the rights of the mentally retarded will be B:ed by the Institute of Retardation to the Minister of Justice, Mr McLay, this morning. It deals with guardianship and advocacy for the mentally retarded. Its 25 recommendations, are based on the need for a comprehensive law to protect those who cannot protect themselves, according to the institute. It has kept to a legal acceptance that people are competent to manage

their own affairs until proved otherwise. The institute wanted the law to provide varying degrees of guardianship which acknowledged that mentally retarded people had differing capabilities. The institute wanted preference given when making guardianship orders to the options which least restricted an individual’s rights. It wanted the law framed in such a way that would minimise any stigma. The institute proposed: • A separate Guardianship of Adults Act. • That legislation be ad-

ministered in the Family Courts. • That courts have access to expert witnesses. • That any person subject to a court application be given advance notice, and have the right to attend and be represented by counsel, with costs to be met by the State. • That these legal provisions cover guardianship of both personal rights and property. • That guardianship orders be reviewed annually, at least, and the appointed guardians be required to report to the Family Court.

• That the court alone should be empowered to determine important questions, such as where a person should live, and the. requirements for certain medical treatment. People who were subject to the law should have the scope to make their own decisions and develop as much independence as possible, the institute said. They should be able to participate as fully as possible in family and community life. The institute wanted noone to be made subject to guardianship without proper and fair process of law.