Mattie McGrath backs caps on fees for decision support
Mattie McGrath spoke on 14 Dec 2022 about capping of fees under the proposed decision support framework and welcomed the measure as vital to protect vulnerable people. He argued the caps will limit potentially astronomical family-court costs and safeguard the assets of those moving out of Ward of Court arrangements.
Capping of fees
He welcomed the capping of fees, saying court fees can be astronomical and that capping is very important for people in vulnerable situations who may not have family or means once they exit the Ward of Court or the HSE.
Decision support service replacing Ward of Court
He outlined the shift away from Ward of Court toward a decision support service, where the director of the decision support service will determine the level of capacity support needed for an individual, from limited support to the highest level when someone has lost all capacity.
Remuneration and the Act
He noted that under the Act the majority of decision-making representatives will not be remunerated because many appointments will be based on close and personal relationships. Where fees are payable, they will be met from the assets of the relevant person and will be set and capped.
Transparency and protection against exploitation
He said the new arrangements provide much more transparency across the system and that capping fees is important to prevent potential exploitation, particularly in cases where an individual cannot instruct whoever is appointed on their behalf.
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It is very important, the capping of fees. Any of us know that any court experience, this is the family court, but the fees can be astronomical, and you have no idea what they are, so this is very, very important that there is a capping, because many of these people are in a vulnerable situation, and people in the ward of the court while they are in the HSE may be fine, or under the ward, but when they exit that, and they might not have family, and they might not have means, and they may not be able to, so I welcome the capping of fees here, it is a very, very important measure. I think it is important to say that in the majority of cases under this legislation, the decision-making representatives won't be remunerated at all for their work, because the Act foresees a lot of them will have maybe a close and personal relationship as a condition of their particular appointment, however, where circumstances require, or indeed where it is the express wish of the relevant person, fees fees are payable, and will be met from the assets of the relevant person, and I think in those circumstances, as you said, Deputy, it is vitally important to set those limits and safeguard those assets. Thank you. In the case that I am dealing with, in many cases, where the person is not in a position to speak to whoever is appointed, if they are incapacitated, that is set to such an extent that they cannot instruct or can make a decision, that is why the Ward of Court may be in the first place. What happens then? So, under the new situation, as you know Deputy, we are moving away from the Ward of Court, and we will have this new decision support service. So, this envisages situations where people maybe come in initially with a limitation on their capacity, maybe someone has their capacity because of a condition is deteriorating, or indeed it could be in a situation where someone has maybe had a critical accident, and in that situation you have the director of the decision support service who is in a position to make a determination about what level of capacity support is needed for the individual. Of course, if it is someone who has lost all capacity, that will be the highest level, they will charge a fee, but that fee will be set out and capped at a particular level. So, I think there is much more transparency through the entire system, but also I think that the capping of fees is important in terms of making sure that there is not any room for potential exploitation. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you. Thank you.
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