V, A Ward Of Court, RE (Approved) [2026] IEHC 303 (23 March 2026)

V, A Ward Of Court, RE (Approved) [2026] IEHC 303 (23 March 2026)

Uncontroverted medical evidence establishes that Mr. V lacks capacity to make decisions regarding his personal welfare and property and affairs, even with the assistance of a co-decision-maker. No suitable family member is available to act as DMR. It is appropriate, necessary, and proportionate to discharge Mr. V from wardship and appoint a panel DMR under the 2015 Act.

Citation
[2026] IEHC 303
Parties
Respondent: Mr. V; Applicant's Solicitor: Mr. Declan Lillis; Applicant's Counsel: Mr. O'Donovan; Decision Making Representative: Mr. X
Jurisdiction
Ireland
Judgment Date
23 March 2026
Procedural Posture
Wardship Discharge Application / Ruling on Application for Discharge From Wardship and Appointment of Decision Making Representative
Outcome
application granted
Legal Topics
Discharge From Wardship, Appointment of Decision Making Representative, Capacity Assessment, Protection of Vulnerable Adults
Mental Capacity Law Wardship Assisted Decision Making Discharge From Wardship Appointment of Decision Making Representative Capacity Assessment Protection of Vulnerable Adults

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Parties

Mr. V

Respondent

Mr. Declan Lillis

Applicant's Solicitor

Mr. O'Donovan

Applicant's Counsel

Mr. X

Decision Making Representative

Procedural Posture

Wardship Discharge Application / Ruling on Application for Discharge From Wardship and Appointment of Decision Making Representative

Legal Issues

  1. 1 Whether Mr. V should be discharged from wardship under the Assisted Decision-Making (Capacity) Act 2015
  2. 2 Whether Mr. V lacks capacity to make decisions regarding his personal welfare and property and affairs even with a co-decision-maker
  3. 3 Whether a suitable decision-making representative should be appointed for Mr. V

Ratio Decidendi

Uncontroverted medical evidence establishes that Mr. V lacks capacity to make decisions regarding his personal welfare and property and affairs, even with the assistance of a co-decision-maker. No suitable family member is available to act as DMR. It is appropriate, necessary, and proportionate to discharge Mr. V from wardship and appoint a panel DMR under the 2015 Act.

Court Disposition

application granted

Orders

  • Order prohibiting publication or broadcast identifying Mr. V as suffering from a medical condition under s.27 of the Civil Law (Miscellaneous Provisions) Act 2008.
  • Order discharging Mr. V from wardship and remitting management of his affairs to a decision-making representative.