In Re A Ward: General Solicitor (MC) (Approved) [2024] IEHC 152 (28 February 2024)

In Re A Ward: General Solicitor (MC) (Approved) [2024] IEHC 152 (28 February 2024)

Based on medical and affidavit evidence, the respondent lacks capacity to make decisions regarding her health, welfare, property, and financial affairs even with the assistance of a co-decision-maker. The court is therefore required to appoint a suitable decision-making representative and discharge the respondent...

Source-derived case information.

Citation
[2024] IEHC 152
Parties
Applicant: General Solicitor (MC); Respondent: [MC]
Jurisdiction
Ireland
Judgment Date
28 February 2024
Procedural Posture
Wardship Discharge Application / Final Ruling on Application for Discharge From Wardship and Appointment of Decision Making Representative
Outcome
Application granted. Respondent discharged from wardship. Decision-making representative appointed.
Legal Topics
Discharge From Wardship, Appointment of Decision Making Representative, Functional Assessment of Capacity, Assisted Decision Making Capacity Act 2015
Capacity Law Wardship Elder Law Discharge From Wardship Appointment of Decision Making Representative Functional Assessment of Capacity Assisted Decision Making Capacity Act 2015

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Parties

General Solicitor (MC)

Applicant

[MC]

Respondent

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

Based on medical and affidavit evidence, the respondent lacks capacity to make decisions regarding her health, welfare, property, and financial affairs even with the assistance of a co-decision-maker. The court is therefore required to appoint a suitable decision-making representative and discharge the respondent from wardship, in accordance with the Assisted Decision-Making Capacity Act 2015.

Court Disposition

Application granted. Respondent discharged from wardship. Decision-making representative appointed.

Orders

  • Appointment of [Ms. L] as decision-making representative for the respondent.
  • Respondent discharged from wardship pursuant to s. 55(5)(b) of the Assisted Decision-Making Capacity Act 2015 and remitted to the management of her affairs with the assistance of the decision-making representative.