N [A Ward of Court], Re (Approved) [2025] IEHC 293 (08 May 2025)

N [A Ward of Court], Re (Approved) [2025] IEHC 293 (08 May 2025)

The uncontested medical evidence established that the respondent lacks capacity to make decisions regarding his personal welfare and property and affairs, even with a co-decision maker, justifying his discharge from wardship and the appointment of a decision making representative under the 2015 Act.

Citation
[2025] IEHC 293
Parties
Respondent: N; Applicant's Solicitor: Ms. Fiona O'Dwyer; HSE Representative: Mr. Brady B. L.
Jurisdiction
Ireland
Judgment Date
08 May 2025
Procedural Posture
Application Under S.55 of the Assisted Decision Making (capacity) Act 2015 / Ex Tempore 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, Autism Spectrum Disorder, Personal Welfare and Property Decisions
Mental Capacity Law Wardship Health Law Discharge From Wardship Appointment of Decision Making Representative Capacity Assessment Autism Spectrum Disorder Personal Welfare and Property Decisions

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Parties

N

Respondent

Ms. Fiona O'Dwyer

Applicant's Solicitor

Mr. Brady B. L.

HSE Representative

Procedural Posture

Application Under S.55 of the Assisted Decision Making (capacity) Act 2015 / Ex Tempore 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 regarding personal welfare and property and affairs even with a co-decision maker
  2. 2 Whether a decision making representative should be appointed under the 2015 Act
  3. 3 Whether the respondent should be discharged from wardship

Ratio Decidendi

The uncontested medical evidence established that the respondent lacks capacity to make decisions regarding his personal welfare and property and affairs, even with a co-decision maker, justifying his discharge from wardship and the appointment of a decision making representative under the 2015 Act.

Court Disposition

application granted

Orders

  • Respondent discharged from wardship and remitted to management of his affairs with appointment of a decision making representative (DMR).
  • Ms. [H] appointed as DMR for personal welfare and property and affairs decisions under s.55(5)(b) of the 2015 Act.