In Re A Ward: General Solicitor (MW) (Approved) [2024] IEHC 158 (21 February 2024)

In Re A Ward: General Solicitor (MW) (Approved) [2024] IEHC 158 (21 February 2024)

The respondent lacks capacity regarding health and welfare decisions unless assisted by a suitable co-decision maker, and lacks capacity regarding property and financial decisions even with such assistance. No suitable co-decision maker is available; therefore, appointment of an independent DMR is appropriate and respondent should be discharged from wardship.

Citation
[2024] IEHC 158
Parties
Applicant: General Solicitor (MW); Respondent: Mr. W; Decision Making Representative: Ms. V
Jurisdiction
Ireland
Judgment Date
21 February 2024
Procedural Posture
Wardship Discharge Application / Final Ruling
Outcome
application granted; respondent discharged from wardship
Legal Topics
Assisted Decision Making (capacity) Act 2015, Appointment of Decision Making Representative, Discharge From Wardship, Capacity Assessment
Mental Capacity Wardship Health Law Assisted Decision Making (capacity) Act 2015 Appointment of Decision Making Representative Discharge From Wardship Capacity Assessment

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Parties

General Solicitor (MW)

Applicant

Mr. W

Respondent

Ms. V

Decision Making Representative

Procedural Posture

Wardship Discharge Application / Final Ruling

Legal Issues

  1. 1 Does the respondent have capacity to make decisions regarding health, welfare, property, and financial affairs?
  2. 2 Is there a suitable person available to act as co-decision maker?
  3. 3 Should a decision-making representative be appointed and the respondent discharged from wardship?

Ratio Decidendi

The respondent lacks capacity regarding health and welfare decisions unless assisted by a suitable co-decision maker, and lacks capacity regarding property and financial decisions even with such assistance. No suitable co-decision maker is available; therefore, appointment of an independent DMR is appropriate and respondent should be discharged from wardship.

Court Disposition

application granted; respondent discharged from wardship

Orders

  • Order prohibiting publication likely to identify respondent under s.27 Civil Law (Miscellaneous Provisions) Act 2008.
  • Appointment of Ms. V as respondent's decision-making representative (DMR).