On this page
- What will happen to current Wards of Court now?
- What about wards under the age of 18?
- What does the commencement of the Assisted Decision-Making (Capacity) Act 2015 mean for Wards of Court?
- What will the review process mean for wards of court?
- Declarations of the Wardship Court about Capacity
- What will this mean for committees?
- What will this mean for funds in court?
Previously, if a person was unable to make decisions about their property, money and other affairs, because of capacity difficulties, they were made a Ward of Court by the President of the High Court. This was a legal process set out under the Lunacy Regulation (Ireland) Act 1871.
An application for a person to be made a Ward of Court was made to the High Court. The courts considered whether the person was of ‘unsound mind’ and ‘incapable of managing their own affairs’.
When a person was made a Ward of Court, they were no longer legally allowed to make decisions about their lives. This included everyday decisions.
A committee was appointed by the High Court to control the Ward of Court’s property and money and their overall care. The President of the High Court was required to consent to medical treatment for the Ward. A Ward of Court could not leave the country or make a will without the permission of the President of the High Court.
The Office of the Wards of Court remains responsible for all ongoing wardship matters during this period of transition.
Please click on the link Office of Wards of Court to visit their website for further information.
What will happen to current Wards of Court now?
A Wardship application can no longer be made to the Office of the Wards of Court. All current Wards of Court are undergoing review by the Office of the Wards of Court who commenced a three year statutory review in 2023. As part of this review, the courts must decide whether a Ward lacks capacity.
The Department of Children, Disability and Equality is bringing forward legislative amendments to Part 6 of the Assisted Decision-Making (Capacity) Act 2015 relating to discharge from Wardship. These amendments will give the Court discretion to extend the deadline for the review of wards on case-by-case basis. This means that all wards of court affected will have their review completed no later than 25 October 2027.
For further information on Wards of Court and the ongoing review process, you can contact the Office of Wards of Court in the Courts Service.
What about wards under the age of 18?
Wards who are aged under 18 will also have their cases reviewed at the appropriate time. If a ward reaches the age of 18 within two and a half years after commencement of the Act, then their case will also be reviewed. This will be conducted before the end of the review period.
Once the review period has expired, any ward who subsequently reaches the age of 18, will have their case reviewed within six months.
What does the commencement of the Assisted Decision-Making (Capacity) Act 2015 mean for Wards of Court?
Under the 2015 Act (Link to Assisted Decision-Making (Capacity) Act 2015) (‘the 2015 Act’) the current wardship system is replaced by a new decision support framework.
What will the review process mean for wards of court?
All current adult wards have:
- an opportunity to be heard by the wardship court when their cases are being reviewed
- access to representation and legal aid.
If the wardship court declares that the ward lacks capacity to make certain decisions, this declaration will be kept under review by the Circuit Court.
Declarations of the Wardship Court about Capacity
The wardship court will make a declaration about the ward’s capacity to make certain decisions. If the Ward does not lack capacity, the Court shall discharge the Ward from wardship and their property shall be returned to them.
If the Ward lacks capacity the court shall appoint a Decision-Making Representative (DMR) or in some situations the Ward may enter into a Co-Decision-Making Agreement, to deal with specific decisions.
What will this mean for committees?
The committee is a person or persons who were appointed by the wardship court to make decisions on behalf of the Ward with the approval of the court. The role of the committee will end once the ward is discharged from wardship.
The committee is one of the people who can make the application to discharge the Ward from wardship.
The former committee may where appropriate be appointed by the former ward as a decision-making assistant or co-decision-maker. The wardship court may also appoint a former committee as a decision-making representative.
Find out more about the different decision supporters, and the link Services | Decision Support Service
What will this mean for funds in court?
The funds held in court under wardship will be paid out from court to the former ward. The future management of these funds will depend on the new arrangements put in place and this will be decided by the wardship court on a case-by-case basis.