In 2003 the Law Reform
Commission published a Consultation Paper on Law and the Elderly. The Paper
highlighted the increased longevity and the increase in the numbers of people
living to advanced age. While this was to be commended, the Paper warned of
potential problems associated with such longevity, such as housing, health,
financial support and personal social services. The Paper examined legal
mechanisms that were needed for the protection of vulnerably elderly people.
While vulnerability is not just associated with elderly people, the Paper
proposed that the issues involved could be adapted without much modification to
apply to other vulnerable people such as those with disabilities or young
people. The Paper addressed a number of important issues regarding legal
capacity, the capacity to make a will, enduring powers of attorney, wards of
court, protection against abuse, and new system for protecting vulnerable
adults. The Paper concluded with a summary of recommendations concerning the
above issues.
The purpose of this
paper is to provide a critical analysis of the Law Reform Commission’s Paper. The paper will
examine the various issues raised by the Law Reform Commission and will analyse
the findings. It is intended that the analysis will include more recent
developments and in doing so will provide some new recommendations that will
augment the original Law Reform Commission Paper.