Ward of Court - Section 55 Assisted Decision-Making Capacity Application

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  In the Matter of A, 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 197 (23 March 2026)

URL: https://www.bailii.org/ie/cases/IEHC/2026/2026IEHC197.html
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[2026] IEHC 197 | | |
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THE HIGH COURT

WARDS OF COURT

[2026] IEHC 197

[WOC 8182]?

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IN THE MATTER OF A, A WARD OF COURT, AND IN THE MATTER OF AN APPLICATION PURSUANT TO SECTION 55 OF THE ASSISTED DECISION-MAKING (CAPACITY) ACT

RESPONDENT

Ex Tempore Ruling of Mr. Justice Mark Heslin delivered on the 23rd day of March 2026

Introduction

1. This is a ruling about Mr. [A] leaving wardship and I will refer to Mr. [A] as the "respondent".? The Act with which we are concerned is, of course, the Assisted Decision-Making (Capacity) Act of 2015, which I will refer to as the "2015 Act".?

2. For the benefit of the respondent's loving mother, Ms. [B], who joins us 'on-line' and is most welcome, I want to confirm that I took the time to read the entirety of the booklet with care, in advance of sitting today.? I am grateful to Ms. Dillion, solicitor, who moves this application, for the fact that I had the opportunity to do so.

S.139

3. The 'default' position under section 139 of the 2015 Act is for the attendance of the respondent.? However, I am satisfied in these particular circumstances that no injustice can arise by proceeding in the respondent's absence, given the evidence concerning his ability to participate in any meaningful way.

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Certain facts

4. As to certain basic facts, the respondent is a young man born in 2001.? He is someone with profound and complex needs who requires the presence of two carers at all times.

5. I note that legal proceedings are ongoing in relation to the circumstances of his birth, as a result of which certain interim payments have been made, with further payment anticipated.?

6. The respondent was admitted to wardship in 2020 and his loving parents, Ms. [B] and Mr. [C], comprise his committee in wardship.?

7. I see that the respondent lives at home, where he receives devoted support, care and assistance, in particular, from his mother, with further assistance from qualified carers in circumstances where the respondent depends on others for all activities of daily living.

8. The application before me is based, or 'grounded', on a detailed statement verified on affidavit sworn by Ms. Maria Dillon, solicitor, on 31 July last.?

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Medical evidence

9. Ms. Dillon refers to medical evidence in the form of a report, dated 13 September 2025, by Dr. [D], a consultant psychiatrist.?

10. Consistent with the provisions of section 3 of the 2015 Act, Dr. [D] carried out a 'functional' assessment of the respondent's capacity to make decisions in relation to his " personal welfare " and his " property and affairs ", both of which terms are defined in section 2 of the 2015 Act.?

11. Dr. [D] formed the opinion that the respondent lacks capacity to make decisions in relation to both his personal welfare and his property and affairs, even if the assistance of a suitable person to act as co-decision-maker is made available to him.? No issue has been taken with this medical evidence by, or on behalf of, the respondent and there is no medical evidence before me to the contrary.?

Proportionality

12. It should also be noted that the view expressed by Dr. [D] regarding the respondent's lack of capacity did not exclude any decision, or decisions, which might come under the heading of either personal welfare or property and affairs decision-making.? Nor is it said that it will be unnecessary for any particular decision, or decisions, to be made in the future.?

Service

13. In addition to Ms. Dillon's 'grounding' affidavit, I also have the benefit of an affidavit of service which she swore on 16 March of this year.? Given the facts averred to - i.e. facts sworn to be correct - I am satisfied that service was properly effected and that appropriate efforts were made to try and explain the nature of this application to, and to try and ascertain the views of, the respondent.? However, in the manner averred by Ms. Dillon, this was simply not possible.?

Mother's distress and disappointment

14. I also want to acknowledge the distress expressed by the respondent's mother at the prospect of having to take responsibility for the management of her son's finances in addition to the extensive care commitments she already discharges, ?as well as her expressed disappointment at the decision made, in the form of the 2015 Act, which requires her son's ?discharge from wardship, which will inevitably bring an end to the excellent relationship which Ms. [B] enjoys with the relevant Wards of Court case officer, who has provided such support.?

Court's obligation

15. As I am sure Ms. [B] will understand, it is this Court's obligation to implement the law, rather than to make it. ?I express no view whatsoever in relation to the 2015 Act.? My role today is to implement its terms.? However, one would want to be 'made of stone' not to be moved by the upset and distress felt by such a devoted mother and dedicated care-giver at the prospect of having to take on additional responsibilities.?

DMR

16. That said, and as the evidence makes clear, Mr. [A]'s loving mother is willing, in the circumstances, to take on the additional role of a decision-making representative for her son and she has provided a declaration of suitability, signed in the context of section 38 of the 2015 Act.? As the evidence makes clear, Ms. [B], who is already familiar with her son's finances, is prepared to take on this role, alone, to avoid any additional burden for her husband, who is also trying to work full-time and to manage the family farm.

Assets

17. I note the position in relation to the respondent's assets, a schedule of which is exhibited.? It is clear from Ms. Dillon's averments (statements which she swears to be correct) that due focus is being given to the important issue of the management of the respondent's assets, for his benefit, going forward.? However, as averred at para. 11 of the grounding affidavit sworn by Ms. Dillon, until receipt of the details of the next periodic payment, an investment strategy cannot be provided.? Furthermore, as averred by Ms. Dillon as para. 5 of her affidavit of service, the respondent's mother intends to retain the services of an accountant and, in the manner averred, understands that an investment adviser will also be necessary.

18. At para. 13, it is averred that there is no Enduring Power of Attorney or Advance Healthcare Directive known to exist.?

Declaration

19. Therefore, in light of the evidence which I have tried to summarise, in particular, the uncontroverted medical evidence, I am making the following declaration, today, reflecting the obligation on this Court imposed by s.54 of the 2015 Act.

20. I am declaring, pursuant to section 55 subsection (1) (b) (ii) of the 2015 Act that the respondent, Mr. [A], lacks capacity to make decisions regarding his personal welfare and his property and affairs even if the assistance of a suitable person as a co-decision-maker was made available to him.

Orders

21.?Having carefully considered the evidence, I am satisfied that it is appropriate, necessary and proportionate to make orders in terms of the draft which Ms. Dillon has very helpfully provided.?

22. By way of a summary, the first order I am making is under legislation called the 2008 Civil Law (Miscellaneous Provisions) Act and I am making an order under section 27 of the 2008 Act prohibiting the publication or broadcast of any matter relating to these proceedings which would, or would be likely to, identify the respondent, Mr. [A], as someone suffering from a medical condition. ?

23. I am formally ordering that Mr. [A] be discharged from wardship and remitted to the management of his affairs with the assistance of a suitable person as decision-making representative, or "DMR".?

24. On the evidence, there can be no one more suitable than his loving mother Ms. [B], and I am appointing her as DMR for her son, in the areas of both personal welfare and property and affairs decision-making, subject to the obligations found in section 8, subsections 7 and 8 of the 2015 Act.?

25. The respondent, Mr. [A], is entitled to receive the assets held on his behalf by the accountant of the Courts of Justice, to be remitted to the Bank of Ireland account referred to in the application.?

26. To the extent required, the DMR, Ms. [B], is permitted to open and maintain a suitable account with a financial institution in the name of the respondent and herself, with that account being under her custody control and management, as DMR for her son, and to receive the assets held on behalf of her son and, to the extent necessary, for the respondent to have access to a debit card, if required, and for such further banking arrangements to be facilitated in his favour.

?

27. Again, insofar as practicable and necessary, the DMR is authorised to take custody, control and management of the Bank of Ireland account in question, subject to her son having the right and entitlement to keep possession of any debit card which may be issued to him.?

28. The DMR is entitled to receive remuneration for the care provided to Mr. [A], payable as at the level of remuneration fixed as at the date of discharge from wardship and subject to further order of the Circuit Court which may be brought and/or made in the context of capacity to be reviewed in due course.?

29. As with any dealings with the property and affairs of Mr. [A], the DMR is to account to the Decision Support Service director, reflecting the provisions in section 46, subsection 6 of the 2015 Act.?

30. The DMR is to take all necessary steps to protect the interests of the respondent in his beneficial ownership of the motor vehicle referred to in the application.

?

31. The DMR is authorised to liaise with any health professionals providing care and treatment to Mr. [A] to support his ongoing health and social care needs being met.?

32. Given the profound challenges of the respondent, I will order that his capacity be reviewed by the Circuit Court no later than three years from the making of today's orders and I will direct the release to the Circuit Court of the functional capacity assessment, carried out by Dr. [D], in that regard.

33. The applicant is entitled to provide a copy of the court booklet to Ms. [B], as DMR.

34. In circumstances where I understand that there is a legal aid certificate in being, I will make no order for costs.

In conclusion

35. By way of a final word, it is perfectly clear from the papers before me that Mr. [A] is a valued member of a loving family, receiving an exceptionally high standard of care provided, in particular, by his loving mother, so that he can live as comfortable and as happy a life as possible in the home environment which meets his needs.?

36. Even though this ruling might appear very arid, I have not lost sight for a moment of the fact that this application concerns a fellow citizen with strengths and gifts as well as vulnerabilities.?

37. I note that Mr. [A] is someone who enjoys being around other people, he enjoys laughter, music, television and enjoys conversations occurring around him.? He is someone who reacts to his parents and siblings, often with a smile, and it seems from the evidence before me that he has the precious gift of being able to bring joy to others.

38. I want to wish his loving family, in particular, his mother, Ms. [B], the very best in continuing to assist Mr. [A], especially given that his mother is now taking on the role of decision-making representative for Mr. [A] in addition to the role of his primary carer.

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URL: https://www.bailii.org/ie/cases/IEHC/2026/2026IEHC197.html