General Assembly Resolution #739 “Preventing Abuses in Conservatorship” (Category: Regulation; Area of Effect: Legal Reform) shall be struck out and rendered null and void.
The World Assembly,
Acknowledging the positive intentions behind GA 739, in order to minimize the potential suffering that can occur through the misuses of conservatorships, and to preserve the ability for individuals with significant mental health issues to receive proper care, and
Questioning the World Assembly's role in implementing restrictions on specific legal services that largely have to do with the internal affairs of an individual nation, that does not pose an immediate and widespread humanitarian crisis, and
Disputing the success of the target at actually minimizing harm and suffering faced by conservatees, which face issues such as:
- The scope limiting the resolution to cover conservatorships approved by three mental health specialists, as in Section 2, meaning that conservatorships imposed with the approval of fewer than three mental health specialists (including circumstances where no specialists approve) are not restricted by the resolution at all, and
- Relying on member nations to set specific regulations, which fails to bring proper protective regulations to any nations which actively wishes to circumvent the principles behind the resolution, instead opting to only institute further protections in nations which already have the goodwill of conservatees in mind, and
- No separate recognition process is needed for conservatorships given in non-members to be granted recognition by members, meaning that abusive conservators can receive a conservatorship in a non-member and have that be approved by a member with no further clarification needed, and
Concerned at the negative side effects this resolution creates, such as:
- Clause 9(a) fully prohibits any former ambassador or staffer of the World Assembly to be placed under conservatorship, even if absolutely needed due to mental health issues, with no exceptions given under the scope of the target, and
- Clause 6(b)'s requirement that one must aim for the full preservation of a conservatee's capital by a trustee prevents the use of capital for reasonable expenses, such as food, water, specialized treatment, and other expensive utilities which neither the state nor the conservator ought to pay for, and
Believing the best course of action is to repeal this resolution and let conservatorships be a matter handled by individual members, therefore
Repeals GA 739, 'Preventing Abuses in Conservatorship'.
