In the Matter of S, 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 246 (23 March 2026)

In the Matter of S, 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 246 (23 March 2026)

Uncontroverted medical evidence establishes that Ms. S lacks capacity to make decisions regarding her personal welfare and property and affairs, even with assistance. Discharge from wardship and appointment of suitable decision-making representatives is necessary, appropriate, and proportionate under the 2015 Act.

Citation
[2026] IEHC 246
Parties
Respondent: Ms. S; Joint Committee/decision Making Representative: Ms. T; Joint Committee/decision Making Representative: Ms. U; Applicant's Solicitor: Ms. Bernadette McGonigle
Jurisdiction
Ireland
Judgment Date
23 March 2026
Procedural Posture
Ward of Court/capacity Discharge Application / Ruling on Application for Discharge From Wardship and Appointment of Decision Making Representatives
Outcome
Application granted. Ms. S discharged from wardship and decision-making representatives appointed.
Legal Topics
Wardship, Assisted Decision Making, Capacity Assessment, Discharge From Wardship, Appointment of Decision Making Representatives
Mental Capacity Law Elder Law Health Law Wardship Assisted Decision Making Capacity Assessment Discharge From Wardship Appointment of Decision Making Representatives

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Ms. S

Respondent

Ms. T

Joint Committee/decision Making Representative

Ms. U

Joint Committee/decision Making Representative

Ms. Bernadette McGonigle

Applicant's Solicitor

Procedural Posture

Ward of Court/capacity Discharge Application / Ruling on Application for Discharge From Wardship and Appointment of Decision Making Representatives

Legal Issues

  1. 1 Whether Ms. S lacks capacity to make decisions regarding her personal welfare and property and affairs under the Assisted Decision-Making (Capacity) Act 2015
  2. 2 Whether discharge from wardship is appropriate and the appointment of decision-making representatives is necessary

Ratio Decidendi

Uncontroverted medical evidence establishes that Ms. S lacks capacity to make decisions regarding her personal welfare and property and affairs, even with assistance. Discharge from wardship and appointment of suitable decision-making representatives is necessary, appropriate, and proportionate under the 2015 Act.

Court Disposition

Application granted. Ms. S discharged from wardship and decision-making representatives appointed.

Orders

  • Order prohibiting publication or broadcast identifying Ms. S as suffering from a medical condition under s.27 of the Civil Law (Miscellaneous Provisions) Act 2008.
  • Formal discharge from wardship of Ms. S.