You can ask the person you want to take care of your disabled offspring to apply to the Guardianship Board to appoint them as their guardian. This can be done either whilst you are still alive (if you are unable to continue to meet this role) or else after your death.

A guardian appointed for your son or daughter by the Guardianship Board has the responsibility to assist your son or daughter to make the necessary decisions regarding his or her lifestyle, health and financial matters, and to safeguard his or her interests. There can be more than one guardian and the Board may specify the areas in which the appointed guardian/s can make decisions. The guardian is appointed by the Board for a year and can be renewed annually.

You can opt to apply to be your offspring’s guardian yourself (once the child turns 18, the parents are no longer automatically the child’s legal guardians and need to apply to become the child’s legal guardians).

An application for guardianship can be made on the prescribed form and accompanied by a medical report (also on a prescribed form). Both forms can be obtained from the Registrar of the Guardianship Board or downloaded from: www.guardianship.gov.mt

Guardians can be family members or close friends, provided they are eighteen years or older, reside in Malta, accept and be prepared to act as a guardian and are not in a position where their own interests conflict with the best interest of the person they are supporting. The guardians are answerable to the Guardianship Board and can be removed if the Board finds that there is neglect or misconduct on the part of the guardian.

You can also form a trust to manage the affairs of your son or daughter. Your son or daughter has to be one of the beneficiaries but you can also be a beneficiary till you are alive and after your death, or your son/daughter can be the sole beneficiary. Trustees can be family members, close friends and professionals and can be paid a fee which does not exceed 400Eur a year. The trust has to be set up with the Malta Financial Services Authority. Details of relevant licensed service providers, such as those pertaining to Administrators of Private Foundations in terms of Article 43(12)b of the Trusts and Trustees Act, are available on the Financial Services Register provided on the MFSA website – http://mfsa.com.mt/pages/licenceholders.aspx. It is advisable that legal advice / guidance is previously sought on the matter.

More information can be obtained from:

The Office of the Guardianship Board

The Guardianship Registry

Professional Development Centre

Triq il-Harrub

Santa Venera. SVR 9018

Tel: 22568249

Email: guardianship.mfcs@gov.mt​​​​​

Website: www.guardianship.gov.mt

The Malta Financial Services Authority

Notabile Road, Ħ’Attard

Tel: 21441155

Email: communications@mfsa.com.mt

Website: https://www.mfsa.com.mt/pages/contact.aspx

Guardianship is a legal relationship between a person who has a disability or a mental disorder and another person called the Guardian. The purpose of Guardianship is to provide support to the person in managing their own affairs and to advocate for their rights and best interests.

A Guardian is a person who is appointed by the Guardianship Board to manage the affairs of another person who is not capable of managing their affairs due to disability or mental disorder. The Guardian may be given the authority to manage personal and/or financial matters. There may be more than one Guardian representing a person.

Guardianship Orders are characterised by a respect for and consideration of the aspirations of the person subject to guardianship and promotion of the well-being of the person. The law delineates that the parameters of guardianship orders should be in line with the aims that are intended to be achieved and freedom of choice and action of the person subject to guardianship should only be restricted when necessary and only to an extent that is proportionate to the aim pursued.

The types of decisions that are to be taken on behalf of the adult will determine the powers that are needed, such as:

• Personal Welfare – powers in relation to making welfare decisions for the adult.
• Financial – powers in relation to the finances belonging to the adult.
• Property Management – powers in relation to the administration of immovable property belonging to the adult

Powers, if required can be applied for separately but generally they are made together within the same application to the Guardianship Board.

A legally appointed Guardian must:

• be at least 18 years of age
• be resident in Malta
• consent to act as Guardian to the person about whom the application is being made
• be prepared to act in the person’s best interests at all times and encourage the person’s independence, personal decision-making and participation in community life
• not be in a position where their own interests conflict with the best interests of the represented person

A Guardian can be a family member or close friend.

More information can be obtained from:

The Office of the Guardianship Board

1, Triq Patri Gwann Azzopardi, Santa Venera

Tel: 22568249

Email: guardianship.mfcs@gov.mt

Website: https.www.guardianship.gov.mt

Yes, you can set up a trust to manage the affairs of your son or daughter. Your son or daughter has to be one of the beneficiaries but you can also be a beneficiary till you are alive and after your death, or your son / daughter can be the sole beneficiary. Trustees can be family members, close friends and professionals and can be paid a fee which does not exceed 400Eur a year. The trust has to be set up with the Malta Financial Services Authority. Details of relevant licensed service providers, such as those pertaining to Administrators of Private Foundations in terms of Article 43(12)b of the Trusts and Trustees Act, are available on the Financial Services Register provided on the MFSA website – http://mfsa.com.mt/pages/licenceholders.aspx. It is advisable that legal advice / guidance is previously sought on the matter.

More information can be obtained from:

The Malta Financial Services Authority

Notabile Road, Ħ’Attard

Tel: 21441155

Email: communications@mfsa.com.mt

Website: https://www.mfsa.com.mt/pages/contact.aspx

The “living will” or advanced directive is a legal document stating how you would like to be cared for should you become a person unable to decide for yourself. Malta does not yet have the legislation to permit a person to draw up such a document.