HI and JK v LM (Approved) [2025] IEHC 674 (27 November 2025)

HI and JK v LM (Approved) [2025] IEHC 674 (27 November 2025)

The Circuit Court erred in failing to consider and give effect to Ms LM's will and preference and the statutory guiding principles, and failed to provide adequate reasons for not appointing the appellants as DMRs; the High Court substituted the order to appoint HI and JK as DMRs.

Citation
[2025] IEHC 674
Parties
Appellant/applicant: HI; Appellant/applicant: JK; Respondent/relevant Person: LM
Jurisdiction
Ireland
Judgment Date
27 November 2025
Procedural Posture
Appeal Under Section 141 of the Assisted Decision Making (capacity) Act 2015 / High Court Appeal From Circuit Court Decision
Outcome
appeal allowed
Legal Topics
Appointment of Decision Making Representatives, Statutory Guiding Principles, Will and Preference of Relevant Person, Adequacy of Judicial Reasoning
Mental Capacity Family Law Civil Procedure Appointment of Decision Making Representatives Statutory Guiding Principles Will and Preference of Relevant Person Adequacy of Judicial Reasoning

Case Brief

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Parties

HI

Appellant/applicant

JK

Appellant/applicant

LM

Respondent/relevant Person

Procedural Posture

Appeal Under Section 141 of the Assisted Decision Making (capacity) Act 2015 / High Court Appeal From Circuit Court Decision

Legal Issues

  1. 1 whether the Circuit Court erred in not appointing the appellants as decision-making representatives
  2. 2 whether the Circuit Court failed to consider statutory guiding principles and will/preference of the relevant person
  3. 3 whether the Circuit Court failed to provide adequate reasons for its decision

Ratio Decidendi

The Circuit Court erred in failing to consider and give effect to Ms LM's will and preference and the statutory guiding principles, and failed to provide adequate reasons for not appointing the appellants as DMRs; the High Court substituted the order to appoint HI and JK as DMRs.

Court Disposition

appeal allowed

Orders

  • Circuit Court order amended to appoint HI and JK as decision-making representatives for LM in respect of personal welfare and property and affairs
  • liberty to apply granted