In the Matter of L, A Ward of Court, and in the Matter of an Application Pursuant to Section 55 of the Assisted Decision-Making (Capacity) Act (Approved) [2026] IEHC 233 (23 March 2026)

In the Matter of L, A Ward of Court, and in the Matter of an Application Pursuant to Section 55 of the Assisted Decision-Making (Capacity) Act (Approved) [2026] IEHC 233 (23 March 2026)

Uncontroverted medical evidence establishes that the respondent lacks capacity for personal welfare decisions unless assisted by a co-decision-maker, and lacks capacity for property and affairs decisions even with such assistance. Declarations under s.55(1)(b)(i) and (ii) of the 2015 Act are warranted. Adjournment is appropriate to allow for registration of the co-decision-making agreement.

Citation
[2026] IEHC 233
Parties
Respondent: L; Committee/brother/applicant: M
Jurisdiction
Ireland
Judgment Date
23 March 2026
Procedural Posture
Wardship/discharge Application / Ruling on Application for Discharge From Wardship and Declarations Under Assisted Decision Making (capacity) Act 2015
Outcome
Declarations made under s.55(1)(b)(i) and (ii) of the 2015 Act; application adjourned for registration of co-decision-making agreement; prohibition on publication order made.
Legal Topics
Discharge From Wardship, Capacity Assessment, Co Decision Making, Decision Making Representative, Section 55 Declarations
Mental Capacity Law Wardship Civil Procedure Discharge From Wardship Capacity Assessment Co Decision Making Decision Making Representative Section 55 Declarations

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Parties

L

Respondent

M

Committee/brother/applicant

Procedural Posture

Wardship/discharge Application / Ruling on Application for Discharge From Wardship and Declarations Under Assisted Decision Making (capacity) Act 2015

Legal Issues

  1. 1 Whether the respondent lacks capacity to make decisions regarding personal welfare and property/affairs under the Assisted Decision-Making (Capacity) Act 2015
  2. 2 Whether declarations should be made under section 55(1)(b) of the 2015 Act
  3. 3 Whether a co-decision-making agreement and/or appointment of a decision-making representative is appropriate

Ratio Decidendi

Uncontroverted medical evidence establishes that the respondent lacks capacity for personal welfare decisions unless assisted by a co-decision-maker, and lacks capacity for property and affairs decisions even with such assistance. Declarations under s.55(1)(b)(i) and (ii) of the 2015 Act are warranted. Adjournment is appropriate to allow for registration of the co-decision-making agreement.

Court Disposition

Declarations made under s.55(1)(b)(i) and (ii) of the 2015 Act; application adjourned for registration of co-decision-making agreement; prohibition on publication order made.

Orders

  • Declaration that respondent lacks capacity for personal welfare decisions unless assisted by a co-decision-maker.
  • Declaration that respondent lacks capacity for property and affairs decisions even with a co-decision-maker.