In the Matter of A, [A Ward of Court] (Approved) [2025] IEHC 112 (13 February 2025)

In the Matter of A, [A Ward of Court] (Approved) [2025] IEHC 112 (13 February 2025)

Where the person lacking capacity's clear and repeated wish is for both parents to act jointly as DMRs, but irreconcilable parental disagreement prevents joint appointment, the court must appoint an independent DMR from the DSS panel to avoid exacerbating family discord and to best serve the person's interests, especially where the DMR's role is limited by ongoing inherent jurisdiction proceedings and the person's assets are modest.

Citation
[2025] IEHC 112
Parties
Respondent / Ward of Court: A; Applicant (moving Today's Application): Ms. Duffy; Respondent's Father: Mr. B (Father); Respondent's Mother: Ms. C (Mother); Applicant / Interested Party: Health Service Executive (HSE)
Jurisdiction
Ireland
Judgment Date
13 February 2025
Procedural Posture
Ward of Court / Capacity / Appointment of Decision Making Representative / Ruling on Application for Discharge From Wardship and Appointment of DMR Under Assisted Decision Making Capacity Act 2015
Outcome
Application granted in part; respondent discharged from wardship; independent DMR appointed.
Legal Topics
Discharge From Wardship, Appointment of Decision Making Representative (dmr), Assisted Decision Making Capacity Act 2015, Personal Welfare and Property Decisions, Inherent Jurisdiction, Dispute Over DMR Appointment
Mental Health Law Capacity Law Family Law Wards of Court Discharge From Wardship Appointment of Decision Making Representative (dmr) Assisted Decision Making Capacity Act 2015 Personal Welfare and Property Decisions +2 more

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Parties

A

Respondent / Ward of Court

Ms. Duffy

Applicant (moving Today's Application)

Mr. B (Father)

Respondent's Father

Ms. C (Mother)

Respondent's Mother

Health Service Executive (HSE)

Applicant / Interested Party

Procedural Posture

Ward of Court / Capacity / Appointment of Decision Making Representative / Ruling on Application for Discharge From Wardship and Appointment of DMR Under Assisted Decision Making Capacity Act 2015

Legal Issues

  1. 1 Whether the respondent lacks capacity in personal welfare and property/affairs decisions under the 2015 Act
  2. 2 Who should be appointed as DMR given the respondent's expressed wish and parental disagreement
  3. 3 Whether the respondent's absence from proceedings causes injustice

Ratio Decidendi

Where the person lacking capacity's clear and repeated wish is for both parents to act jointly as DMRs, but irreconcilable parental disagreement prevents joint appointment, the court must appoint an independent DMR from the DSS panel to avoid exacerbating family discord and to best serve the person's interests, especially where the DMR's role is limited by ongoing inherent jurisdiction proceedings and the person's assets are modest.

Court Disposition

Application granted in part; respondent discharged from wardship; independent DMR appointed.

Orders

  • Respondent discharged from wardship under s. 55(5)(b) of the 2015 Act.
  • Ms. Sinead Maguire appointed as DMR for both personal welfare and property/affairs decisions.