People with a disability or mental health problems who have been incapacitated or interdicted may eventually turn to a new law to convert the legal restrictions to a guardianship order.

The draft law introduces the system of guardianship for people with disabilities who need support to various degrees to manage their affairs.

Approved by Cabinet last Monday, the first reading of the Guardianship Bill will be made in Parliament today when it resumes after the Easter recess.

The Bill will fill a gap in the legislation where, as things stand now, people unable to handle their own affairs – say, of a financial or personal nature – are either interdicted or incapacitated, stripping them of legal rights such as signing a cheque.

The law on interdiction does not even demand a notification of the person whose name was put forward for interdiction and the court is not obliged to listen to people who may have a direct interest.

This falls short of the spirit behind the requirements of article 12 of the UN Convention on the Rights of Persons with Disabilities, which convention will be ratified shortly by Malta, according to a Justice Ministry spokesman.

“Guardianship recognises that people with a disability or a mental disorder have the right to be included in as complete a manner as possible in society, living an independent a life as possible, with independence meaning not necessarily doing things on one’s own but taking decisions and being supported where necessary to enact those decisions,” the spokesman added.

A Guardianship Board will be set up with three members consisting of a sitting or retired judge or magistrate, a member appointed after consultation with the National Commission for Persons with Disability and a person nominated in terms of the Mental Health Act, which is expected to be enacted soon.

Among other things, the board will regulate the way guardianship orders are issued, reviewed and revoked and clearly list the obligations and duties of the guardian.

People placed under a guardianship order or any person who feels aggrieved have the right to appeal board decisions.

The Bill also includes appointing joint guardians and includes very clear provisions for decisions that cover the administration of money and property.

Among other things, the draft law will introduce a mechanism where the needs of a person – who will fall under a guardianship – are identified and addressed.