The intention of procedures to make certain persons wards of court is "to do good" and to protect their financial interests, the High Court was told yesterday.
However, a "wholly misconceived" slant was being placed on wardship in legal proceedings taken by the parents of a disabled man, it was suggested.
There was no requirement for a person to be designated an "idiot" or "lunatic" before being made a ward of court, Mr Denis McDonald SC said.
The stipulation was that they be deemed as of unsound mind and incapable of managing their own affairs and there was discretion as to how they might be described.
Mr McDonald, for the registrar of wards of court, was speaking during the hearing of an application by the parents of Francis Dolan for an injunction restraining their son being medically examined as part of a procedure to determine whether he should be made a ward of court.
Bernadette and Francis Dolan senior, of Roselawn, Ballydowd, Lucan, Co Dublin, are seeking the interlocutory order pending the full hearing of their action challenging wardship procedures.
It emerged yesterday that Mrs Dolan and Francis junior have gone to the US in recent days. Mr James Salafia SC, for the Dolans, said they had gone to stay with Mrs Dolan's sister on the basis of medical advice that it would be good for them to be away from the stress of dealing with having Francis medically assessed. There was no intention to deliberately disobey court orders.
The court has heard that a medical examiner, accompanied by gardaí, had examined Francis in recent weeks but required to carry out a further examination. The Dolans want to prevent that examination proceeding as part of wardship procedures pending the outcome of their legal action.
In submissions yesterday, Mr Salafia said there appeared to be no yardstick to measure the State's claim to have superior ability to manage the monies of a person who cannot manage his own affairs when he receives an award of damages from the courts.
In Francis Dolan's case, his father had arranged to have his funds moved to an account where they earned higher interest. The parents also wished to have the money placed in a trust fund which could be administered with safeguards to the benefit of Francis.
Mr Salafia said the procedure under which persons were made wards of court virtually took away their rights as well as the rights of their parents and family. In Francis's case, the wardship procedure was initiated after Francis received £3 million settlement of a High Court action in 2001 in which it was alleged there had been negligence in the circumstances of his birth.
The case continues tomorrow.
