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IEHC 292 ECLI:IE:HC:2025:292 AI generated

High Court discharges wardship and declares respondent lacks no capacity under Assisted Decision-Making Act 2015.

Case Number IEHC 292
Court / Authority
Jurisdiction Ireland (IE)
Decision Date
Outcome Allowed / Granted
Machine-readable Markdown (.md)

Legislator summary

AI generated

The High Court granted an application to discharge Ms. M from wardship following evidence of her complete recovery from childhood injuries and academic success. The respondent's father and Joint Committee in Wardship submitted a grounding affidavit confirming her full medical recovery and lack of decision-making capacity. Justice Heslin ruled that Ms. M possesses capacity in both personal welfare and property and affairs, ordering her immediate discharge and transfer of asset management to her own control.

Legislator headnote

AI generated

s. 55 of the Assisted Decision-Making (Capacity) Act 2015; A wardship order may be discharged where the ward has fully recovered from incapacity and demonstrates the capacity to manage personal welfare and property affairs.

Keywords

AI generated
wardship discharge assisted decision making capacity declaration personal welfare property and affairs medical recovery ward of court

Cited Legislation

AI generated
s. 55(1)(a) of the Assisted Decision-Making (Capacity) Act 2015
To conclude this short ruling, it is a pleasure to declare, pursuant to s.55(1)(a) of the 2015 Assisted Decision Making Capacity Act (the “2015 Act”), that Ms.
s. 55(2) of the Assisted Decision-Making (Capacity) Act 2015
To conclude this short ruling, it is a pleasure to declare, pursuant to s.55(1)(a) of the 2015 Assisted Decision Making Capacity Act (the “2015 Act”), that Ms.
AI generated
IEHC 54
High Court discharges wardship and appoints a decision-making representative for a man with mild intellectual disability.
IEHC 239
High Court declares respondent lacks capacity even with co-decisionmaker and appoints decision-making representative.
IEHC 392
High Court appoints independent decision-maker for ward with intellectual disability due to sibling conflict.
IEHC 211
High Court discharges wardship and appoints decision-making representative for person lacking capacity.
IEHC 112
Court declares ward discharged and appoints DMR under Assisted Decision-Making Capacity Act 2015 s.55.

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Full text

THE HIGH COURT

WARDS OF COURT

[2025] IEHC 292 [WOC 6825] IN THE MATTER OF M, A WARD OF COURT AND IN THE MATTER

OF AN APPLICATION PURSUANT TO SECTION 55 OF THE ASSISTED

DECISION-MAKING (CAPACITY) ACT 2015 (AS AMENDED)

RESPONDENT

Ex tempore ruling of Mr. Justice Mark Heslin delivered on the 8th day of May 2025

Introduction

1. This is an application to discharge Ms. [M] from Wardship.

Welcome

2. To repeat what I said at the outset, I want to extend a very warm welcome to a truly remarkable young woman. In this very short ruling, I will refer to Ms. [M] as the “respondent”.

Grounding affidavit

3. This application is based on what is averred (i.e. sworn to be correct) by the respondent’s father and Joint Committee in Wardship, in a “grounding" affidavit, which he swore on 28 April.

Injury

4. The respondent, who was born in 1994, was admitted to Wardship in 2013, having very unfortunately suffered serious injuries, including a head injury, in a road traffic accident at the age of seven.

Complete recovery

5. Thankfully, as the papers before me make clear, she made a slow and gradual but complete recovery.

Achievements

6. The respondent sat the Leaving Certificate. She went on to study Business and Marketing, completing no less than a Master’s Degree in University, last August, and I understand that she is considering a PhD.

Wish

7. Her wish is to be discharged from Wardship.

Medical evidence

8. In terms of the medical evidence, I have a report dated 13 March 2025 by Dr. [B] Consultant Psychiatrist and she confirms that the respondent has made a “full recovery” from this serious head injury and Dr. [B] describes her prognosis as “excellent”.

Capacity

9. She further offers the view that the respondent “does not lack capacity” in relation to either Personal Welfare or Property and Affairs decision-making, being the two broad areas covered by the 2015 Act.

Assets

10. The grounding affidavit refers to the respondent’s assets and the schedule is exhibited.

Service

11. No issue arises as regards to service, in light of the affidavit sworn on 02 May by Ms. [C] solicitor, who describes the respondent as “a remarkable woman who continues to defy the odds and has great plans for the future”.

Declaration

12. To conclude this short ruling, it is a pleasure to declare, pursuant to s.55(1)(a) of the 2015 Assisted Decision Making Capacity Act (the “2015 Act”), that Ms. [M] does not lack capacity to make decisions, either in the areas of Personal welfare or Property and Affairs.

Orders

13. Therefore, I am ordering that Ms. [M] be discharged from Wardship under s.55(2) of the 2015 Act and remitted to the management of her own affairs.

14. She is now the “captain” of her own “ship”. She is entitled to receive all her assets, including those held by the Accountant of the Court of Justice; and arrangements should be made for her to receive all financial entitlements, directly.

15. It is also appropriate to order that the costs of the present application be discharged from her assets, but to be adjudicated in default of agreement.

Congratulations

16. By way of a final word, I would like to congratulate Ms. [M] on her many achievements to date as well as leaving Wardship today. I wish her the very best with what will surely be an extremely bright future. I would also like to express thanks to her loving family.