In the Matter of RB [A Ward of Court] (Approved) [2024] IEHC 393 (10 June 2024)

In the Matter of RB [A Ward of Court] (Approved) [2024] IEHC 393 (10 June 2024)

Based on uncontroverted medical and social work evidence, the respondent lacks capacity to make decisions regarding health, welfare, and property and affairs even with a co-decision-maker. Discharge from wardship is appropriate with appointment of a professional DMR to manage affairs in accordance with statutory requirements.

Citation
[2024] IEHC 393
Parties
Respondent: R. B.; Applicant/committee: General Solicitor
Jurisdiction
Ireland
Judgment Date
10 June 2024
Procedural Posture
Wardship Application Under Assisted Decision Making (capacity) Act 2015 / Ruling on Application for Discharge From Wardship and Appointment of Decision Making Representative
Outcome
Application granted. Respondent discharged from wardship. Professional DMR appointed.
Legal Topics
Discharge From Wardship, Appointment of Decision Making Representative, Capacity Assessment, Protection of Vulnerable Adults
Mental Capacity Law Wardship Health Law Discharge From Wardship Appointment of Decision Making Representative Capacity Assessment Protection of Vulnerable Adults

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Parties

R. B.

Respondent

General Solicitor

Applicant/committee

Procedural Posture

Wardship Application Under Assisted Decision Making (capacity) Act 2015 / 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 health, personal welfare, and property and affairs even with the assistance of a co-decision-maker
  2. 2 Whether the respondent should be discharged from wardship and a decision-making representative appointed

Ratio Decidendi

Based on uncontroverted medical and social work evidence, the respondent lacks capacity to make decisions regarding health, welfare, and property and affairs even with a co-decision-maker. Discharge from wardship is appropriate with appointment of a professional DMR to manage affairs in accordance with statutory requirements.

Court Disposition

Application granted. Respondent discharged from wardship. Professional DMR appointed.

Orders

  • Declaration under section 55(1)(b)(ii) of the 2015 Act that respondent lacks capacity even with a co-decision-maker.
  • Order under section 27 of the Civil Law (Miscellaneous Provisions) Act 2008 prohibiting publication identifying respondent.