In the Matter of SM [A Ward of Court] (Unapproved) [2024] IEHC 449 (03 July 2024)

In the Matter of SM [A Ward of Court] (Unapproved) [2024] IEHC 449 (03 July 2024)

The respondent lacks capacity to make decisions regarding health, personal welfare, property, and financial affairs even with the assistance of a co-decision-maker; appointment of a professional DMR is necessary and justified by uncontroverted medical evidence.

Citation
[2024] IEHC 449
Parties
Respondent: S. M.; Committee: General Solicitor; Guardian Ad Litem: Mr. Lennon; Interested Party: Health Service Executive (HSE); Decision Making Representative (dmr): Mr. M
Jurisdiction
Ireland
Judgment Date
03 July 2024
Procedural Posture
Ward of Court Application / Final Determination on Discharge and Appointment of DMR
Outcome
application granted; respondent discharged from wardship; DMR appointed
Legal Topics
Discharge From Wardship, Appointment of Decision Making Representative, Capacity Assessment, Management of Assets
Mental Capacity Wardship Health Law Discharge From Wardship Appointment of Decision Making Representative Capacity Assessment Management of Assets

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Parties

S. M.

Respondent

General Solicitor

Committee

Mr. Lennon

Guardian Ad Litem

Health Service Executive (HSE)

Interested Party

Mr. M

Decision Making Representative (dmr)

Procedural Posture

Ward of Court Application / Final Determination on Discharge and Appointment of DMR

Legal Issues

  1. 1 Does the respondent lack capacity to make decisions regarding health, welfare, property, and financial affairs even with a co-decision-maker?
  2. 2 Is it appropriate to discharge the respondent from wardship and appoint a DMR?
  3. 3 What orders should be made regarding management of assets and welfare?

Ratio Decidendi

The respondent lacks capacity to make decisions regarding health, personal welfare, property, and financial affairs even with the assistance of a co-decision-maker; appointment of a professional DMR is necessary and justified by uncontroverted medical evidence.

Court Disposition

application granted; respondent discharged from wardship; DMR appointed

Orders

  • Reporting restrictions imposed under s.27 Civil Law Miscellaneous Provisions Act 2008.
  • Respondent discharged from wardship under s.55(5)(b) Assisted Decision-Making (Capacity) Act 2015.