In the Matter of SD [A Ward of Court] (Approved) [2024] IEHC 419 (24 June 2024)

In the Matter of SD [A Ward of Court] (Approved) [2024] IEHC 419 (24 June 2024)

Respondent lacks capacity in property and financial affairs even with assistance; lacks capacity in health and welfare unless assisted by a co-decision-maker. Appointment of DMR for finances and temporary DMR for health and welfare is appropriate, with discharge from wardship contingent on registration of...

Source-derived case information.

Citation
[2024] IEHC 419
Parties
Respondent: S. D.; Applicant: General Solicitor; Decision Making Representative (property and Financial): Ms. P; Decision Making Representative (health and Welfare, Temporary): [the respondent's cousin]
Jurisdiction
Ireland
Judgment Date
24 June 2024
Procedural Posture
Ward of Court Discharge Application / Final Ruling
Outcome
Respondent discharged from wardship; DMRs appointed for property/financial and health/welfare decisions.
Legal Topics
Discharge From Wardship, Appointment of Decision Making Representative, Co Decision Making Agreement, Capacity Assessment
Mental Capacity Wardship Assisted Decision Making Discharge From Wardship Appointment of Decision Making Representative Co Decision Making Agreement Capacity Assessment

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Parties

S. D.

Respondent

General Solicitor

Applicant

Ms. P

Decision Making Representative (property and Financial)

[the respondent's cousin]

Decision Making Representative (health and Welfare, Temporary)

Procedural Posture

Ward of Court Discharge Application / Final Ruling

Legal Issues

  1. 1 Whether the respondent has capacity in health, welfare, property and financial decision-making areas under the Assisted Decision-Making (Capacity) Act 2015
  2. 2 Appropriate mechanism for discharge from wardship and appointment of decision-making representatives

Ratio Decidendi

Respondent lacks capacity in property and financial affairs even with assistance; lacks capacity in health and welfare unless assisted by a co-decision-maker. Appointment of DMR for finances and temporary DMR for health and welfare is appropriate, with discharge from wardship contingent on registration of co-decision-making agreement.

Court Disposition

Respondent discharged from wardship; DMRs appointed for property/financial and health/welfare decisions.

Orders

  • Reporting restrictions pursuant to s.27 Civil and Miscellaneous Provisions Act 2008.
  • Ms. P appointed as DMR for property and financial decisions pursuant to s.55(5)(b) of the 2015 Act.