Chapter 6

The Ward's Dependants

6.1 Is the Curator obliged to support the Ward's family ?

An adult Ward has a legal obligation to maintain his or her dependants, ie., husband or wife and children under 18 (or under 25 if still in full-time education). The extent of this obligation depends on the means and the needs of the Ward and of the dependants.

The Curator's first duty is first and foremost to the Ward but of course if the Ward has the means and his or her dependants are in need of financial support then the Curator is obliged to provide it.

6.2 How is such support provided?

This depends on the circumstances of each case and support may be provided by allowing the dependants to live in the Ward's house rent-free, a periodic allowance may be paid and/or assistance given towards specific purchases etc.

6.3 How is the amount of assistance decided ?

Sometimes it is necessary for the dependants or their representatives to raise a Court action to determine a fixed maintenance allowance or to vary an existing allowance. In most cases, however, it is possible to agree a suitable amount and form of family support without the need for Court action. All payments and allowances for family support require to be approved by the Accountant of Court.

6.4 Assistance with travelling expenses

Where the Ward is in a hospital or Nursing Home the Curator may be able to assist with the travelling expenses incurred in visiting the Ward provided the Curator is satisfied that such visits are beneficial to and appreciated by the Ward and that such assistance is necessary.

6.5 Can other members of the family benefit from the Ward's estate ?

No. The estate is only available for the benefit of the Ward and as necessary for the support of his or her dependants. It is, however, recognised that there may be an incidental benefit to others in some circumstances, for example where the Ward's funds are used to purchase a house which is also lived in by other non-dependant members of the family or where a car is purchased which is not exclusively used for transporting the Ward. This is not usually a problem provided it can be demonstrated that the Ward is the principal beneficiary of the expenditure but in some circumstances the Curator may look for a contribution towards the purchase price or running costs where this seems reasonable.