In the Matter of EK [A Ward of Court] (Approved) [2024] IEHC 379 (06 June 2024)

The respondent lacks capacity in health, welfare, property and affairs unless assisted by a suitable co-decision-maker. Her granddaughter is suitable and consistent with her expressed wishes. Discharge from wardship is appropriate subject to registration of a co-decision-making agreement.

Citation: [2024] IEHC 379
Parties: Respondent: E.K.; Applicant: General Solicitor
Jurisdiction: Ireland
Judgment Date: 06 June 2024
Procedural Posture: Wardship Discharge Application / Final Ruling
Outcome: application granted
Legal Topics: Assisted Decision Making, Co Decision Maker Appointment, Discharge From Wardship

Mental Capacity Wardship Elder Law Assisted Decision Making Co Decision Maker Appointment Discharge From Wardship

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Parties

E.K.

Respondent

General Solicitor

Applicant

Procedural Posture

Wardship Discharge Application / Final Ruling

Legal Issues

1 Does the respondent lack capacity in areas of health, welfare, property and affairs?
2 Is a co-decision-maker appropriate and who should be appointed?
3 Should the respondent be discharged from wardship subject to registration of a co-decision-making agreement?

Ratio Decidendi

Court Disposition

application granted

Orders

Order prohibiting publication likely to identify the respondent under s.27 of the Civil Law Miscellaneous Provisions Act 2008.
Appointment of respondent's granddaughter as co-decision-maker.