In the Matter of HM [A Ward of Court] (Approved) [2024] IEHC 450 (28 June 2024)

In the Matter of HM [A Ward of Court] (Approved) [2024] IEHC 450 (28 June 2024)

The respondent lacks capacity to make decisions in relation to health, personal welfare, property, and financial affairs, even with the assistance of a co-decision-maker, as established by uncontroverted medical and social work evidence. Discharge from wardship is appropriate with appointment of a DMR in all relevant areas.

Citation
[2024] IEHC 450
Parties
Respondent: H. M.; Applicant/committee: General Solicitor
Jurisdiction
Ireland
Judgment Date
28 June 2024
Procedural Posture
Ward of Court / Capacity Application / Ruling on Application for Discharge From Wardship and Appointment of Decision Making Representative
Outcome
Application granted. Respondent discharged from wardship and Decision-Making Representative appointed in all relevant areas.
Legal Topics
Wardship, Assisted Decision Making, Capacity Assessment, Appointment of Decision Making Representative, Discharge From Wardship
Mental Capacity Law Elder Law Health Law Wardship Assisted Decision Making Capacity Assessment Appointment of Decision Making Representative Discharge From Wardship

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Parties

H. M.

Respondent

General Solicitor

Applicant/committee

Procedural Posture

Ward of Court / Capacity Application / 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 in relation to health, welfare, property, and finances even with assistance of a co-decision-maker
  2. 2 Whether a Decision-Making Representative should be appointed and in what areas
  3. 3 Whether the respondent should be discharged from wardship

Ratio Decidendi

The respondent lacks capacity to make decisions in relation to health, personal welfare, property, and financial affairs, even with the assistance of a co-decision-maker, as established by uncontroverted medical and social work evidence. Discharge from wardship is appropriate with appointment of a DMR in all relevant areas.

Court Disposition

Application granted. Respondent discharged from wardship and Decision-Making Representative appointed in all relevant areas.

Orders

  • Order pursuant to s.27 of the Civil Law Miscellaneous Provisions Act 2008 for reporting restrictions.
  • Order for discharge of respondent from wardship pursuant to s.55(5)(b) of the 2015 Act and appointment of DMR.