Re A Ward [MS] (Approved) [2024] IEHC 239 (10 April 2024)

Re A Ward [MS] (Approved) [2024] IEHC 239 (10 April 2024)

The respondent lacks capacity to make decisions regarding her health, welfare, property, and affairs even with the assistance of a co-decision maker. No suitable DMR was identified from family or associates, so a professional DMR nominated by the DSS is appointed. Discharge from wardship is appropriate with the appointment of the DMR and subject to statutory safeguards.

Citation
[2024] IEHC 239
Parties
Applicant: General Solicitor (M. S.); Respondent: Ms S.
Jurisdiction
Ireland
Judgment Date
10 April 2024
Procedural Posture
Wardship Discharge / Capacity Application / Final Ruling on Discharge and Appointment of Decision Making Representative
Outcome
Application granted. Respondent discharged from wardship. Professional DMR appointed.
Legal Topics
Assisted Decision Making, Discharge From Wardship, Appointment of Decision Making Representative, Capacity Assessment
Mental Capacity Law Wards of Court Health Law Assisted Decision Making Discharge From Wardship Appointment of Decision Making Representative Capacity Assessment

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Parties

General Solicitor (M. S.)

Applicant

Ms S.

Respondent

Procedural Posture

Wardship Discharge / Capacity Application / Final Ruling on Discharge and Appointment of Decision Making Representative

Legal Issues

  1. 1 Whether the respondent lacks capacity to make decisions regarding health, welfare, property, and affairs even with a co-decision maker
  2. 2 Whether a suitable decision making representative (DMR) can be identified and appointed
  3. 3 Whether the respondent should be discharged from wardship

Ratio Decidendi

The respondent lacks capacity to make decisions regarding her health, welfare, property, and affairs even with the assistance of a co-decision maker. No suitable DMR was identified from family or associates, so a professional DMR nominated by the DSS is appointed. Discharge from wardship is appropriate with the appointment of the DMR and subject to statutory safeguards.

Court Disposition

Application granted. Respondent discharged from wardship. Professional DMR appointed.

Orders

  • Order under s.27 of the Civil Law (Miscellaneous) Provisions Act 2008 prohibiting publication likely to identify the respondent.
  • Appointment of Ms Edel O'Connor as DMR for all relevant decision-making areas.