Marchita Mangiafico and, left, her son Sebastian. Photo: Matthew Mirabelli

Parents or carers of people with a disability or mental health problem will be able to apply for legal guardianship from this month as the law that came into force 18 months ago finally gets the structures enabling it to work.

The Guardianship Act came into force in December 2012, introducing the system that grants more rights to people who are unable to handle their own affairs, such as personal finances.

It does away with the need to resort to interdiction and incapacitation, which strip them of all legal rights without taking into account whether such blanket measures are necessary for the individual.

But, so far, the Guardianship Act has failed to take effect because the board meant to decide on the appointment of guardians has not been filled.

Guardianship is something I’ve been looking forward to seeing because my son has got his rights

Parliamentary Secretary for the Rights of the Disabled, Justyne Caruana, said the three-member board had been approved and would be announced this month during the launch of the Sta Venera offices from where it would operate.

She said the registrar, who will be responsible for accepting applications and keeping documents, had been appointed.

The board members would consist of a retired judge and a representative from the mental health and disability sectors. A substitute board would also be appointed to fill in when necessary.

“We found a law without the set-up that had to be created from scratch,” she said, adding that she had lobbied for the Guardianship Act since she was in the Opposition benches.

Marchita Mangiafico, whose 26-year-old son Sebastian was born with cerebral palsy, said she hoped to see the law in action as soon as possible.

“Guardianship is something I’ve been looking forward to seeing because my son has got rights.

“He’s a person, a citizen, part of our family and the community.

“Words like incapacitation and interdiction hurt me… they remove his right to chose and I strongly believe that no matter how severe the condition is, there is always something in there that allows the person to come up with some form of decision,” she said.

Ms Mangiafico, who is also involved in the NGO National Parents’ Society of Persons with Disability, said the Guardianship Act also gave parents peace of mind to know that they were not “obligated” to care for their children all their lives as they could appoint a person of trust.

“Though most would opt to care for their children, having the option alleviates the pressure,” she said.

Vickie Gauci and Anne-Marie Callus, lecturers at University of Malta’s Disability Studies Unit, said the law was important as it helped curb abuse by introducing more checks and balances.

It ensured that rights granted under the UN Convention on the Rights of Persons with Disabilities were respected.

Unlike interdiction and incapacitation, they explained that guardianship recognised that people with a disability or mental health problems had the right to be included in as complete a manner as possible in society.