In the Matter of D [A Ward of Court] (Approved) [2026] IEHC 109 (23 January 2026)

In the Matter of D [A Ward of Court] (Approved) [2026] IEHC 109 (23 January 2026)

The applicant does not require a decision-making representative as neither consultant psychiatrist recommends it and the applicant consents to the appointment of a co-decision-maker. The applicant's will and preferences, as well as the guiding principles of the 2015 Act, require that an independent co-decision-maker be appointed to support him, rather than a family member or a DMR.

Citation
[2026] IEHC 109
Parties
Applicant: D; Notice Party: Applicant's mother; Notice Party: Applicant's brother
Jurisdiction
Ireland
Judgment Date
23 January 2026
Procedural Posture
Wardship Discharge Application / Ruling on Application for Discharge From Wardship and Appointment of Decision Making Representative
Outcome
Declaration made that the applicant lacks capacity in the areas of personal welfare and property and affairs decision-making unless assisted by a suitable co-decision-maker. Final orders adjourned to allow for registration of a co-decision-making agreement with an independent party.
Legal Topics
Discharge From Wardship, Appointment of Co Decision Maker, Decision Making Representative, Capacity Assessment, Assisted Decision Making (capacity) Act 2015
Mental Capacity Law Wardship Assisted Decision Making Discharge From Wardship Appointment of Co Decision Maker Decision Making Representative Capacity Assessment Assisted Decision Making (capacity) Act 2015

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Parties

D

Applicant

Applicant's mother

Notice Party

Applicant's brother

Notice Party

Procedural Posture

Wardship Discharge Application / Ruling on Application for Discharge From Wardship and Appointment of Decision Making Representative

Legal Issues

  1. 1 Whether the applicant should be discharged from wardship under the Assisted Decision-Making (Capacity) Act 2015
  2. 2 Whether a decision-making representative or a co-decision-maker should be appointed for the applicant
  3. 3 How the applicant's will and preferences should be respected under the 2015 Act

Ratio Decidendi

The applicant does not require a decision-making representative as neither consultant psychiatrist recommends it and the applicant consents to the appointment of a co-decision-maker. The applicant's will and preferences, as well as the guiding principles of the 2015 Act, require that an independent co-decision-maker be appointed to support him, rather than a family member or a DMR.

Court Disposition

Declaration made that the applicant lacks capacity in the areas of personal welfare and property and affairs decision-making unless assisted by a suitable co-decision-maker. Final orders adjourned to allow for registration of a co-decision-making agreement with an independent party.

Orders

  • Declaration pursuant to s.55(1)(b)(i) of the 2015 Act that the applicant lacks capacity in specified areas unless assisted by a co-decision-maker.
  • Adjournment of final orders to allow time for registration of a co-decision-making agreement with an independent party.