In the Matter of C, 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 294 (23 March 2026)

In the Matter of C, 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 294 (23 March 2026)

Uncontroverted medical evidence establishes that Mr. [C] lacks capacity to make decisions regarding his personal welfare and property and affairs, even with a co-decision-maker. It is appropriate, necessary, and proportionate to discharge him from wardship and appoint his niece as decision-making representative for all relevant decisions.

Citation
[2026] IEHC 294
Parties
Respondent: Mr. [C]; Advocate for Respondent: Ms. Ralston BL; Applicant's Solicitor: Ms. Geraldine Carey, solicitor; Decision Making Representative (dmr) Appointee: Ms. [F]
Jurisdiction
Ireland
Judgment Date
23 March 2026
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; decision-making representative appointed.
Legal Topics
Wardship, Assisted Decision Making, Capacity Assessment, Appointment of Decision Making Representative, Discharge From Wardship
Mental Capacity Law Health Law Elder Law Wardship Assisted Decision Making Capacity Assessment Appointment of Decision Making Representative Discharge From Wardship

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Parties

Mr. [C]

Respondent

Ms. Ralston BL

Advocate for Respondent

Ms. Geraldine Carey, solicitor

Applicant's Solicitor

Ms. [F]

Decision Making Representative (dmr) Appointee

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 Mr. [C] lacks capacity to make decisions regarding his personal welfare and property and affairs under the Assisted Decision-Making (Capacity) Act 2015
  2. 2 Whether it is appropriate to discharge Mr. [C] from wardship and appoint a decision-making representative

Ratio Decidendi

Uncontroverted medical evidence establishes that Mr. [C] lacks capacity to make decisions regarding his personal welfare and property and affairs, even with a co-decision-maker. It is appropriate, necessary, and proportionate to discharge him from wardship and appoint his niece as decision-making representative for all relevant decisions.

Court Disposition

Application granted; respondent discharged from wardship; decision-making representative appointed.

Orders

  • Order prohibiting publication or broadcast of identifying information regarding Mr. [C]'s medical condition under s.27 Civil Law (Miscellaneous Provisions) Act 2008.
  • Order discharging Mr. [C] from wardship and remitting management of his affairs to a decision-making representative.