High Court appoints Decision-Maker Representative for ward of court lacking capacity under Assisted Decision-Making Act 2015.

THE HIGH COURT

WARDS OF COURT

[2026] IEHC 303

[WOC 11105]

IN THE MATTER OF V, 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 in relation to an application for the discharge from Wardship of Mr. [V], whom I will refer to as “the respondent”. The legislation we are concerned with is the Assisted Decision- Making (Capacity) Act of 2015, which I will call the “2015 Act”.

Participation – s.139

2. In view of s.139 of the 2015 Act, I am satisfied that no injustice arises by proceeding in the absence of the respondent given his expressed wish not to participate and the efforts made to ascertain the respondent’s views.

Facts

3. According to the evidence, the respondent is a gentleman born in [the 1950s] who has diagnoses of paranoid schizophrenia and intellectual disability. He was admitted to Wardship in 2022, and the General Solicitor is his committee. He lives in a residential care setting in order to receive necessary support and assistance, in circumstances where he depends on others.

Capacity

4. Today’s application is ‘grounded’ on a detailed statement verified on affidavit, sworn by Mr. Declan Lillis, solicitor, on 06 March. Of particular relevance is the medical evidence to which Mr. Lillis refers in the form of reporting, dated 01 September last, by Dr. [W]. Consistent with the provisions of s.3 of the 2015 Act, Dr. [W] carried out a functional assessment of the respondent's capacity to make decisions regarding his “personal welfare” and his “property and affairs”, both of which terms are defined in s.2 of the 2015 Act. Dr. [W] formed the view that the respondent lacks capacity to make decisions regarding both his personal welfare and his property and affairs even if the assistance of a suitable person to act as co-decision-maker were made available to him. No issue has been taken with this medical evidence, be that by Mr. [V] or on his behalf.

Proportionality

5. It should also be noted that Dr. [W]’s opinion regarding Mr. [V]'s lack of capacity, even with the assistance of a co-decision-maker, did not exclude any decision which might come under the heading of either personal welfare or property and affairs decision-making, nor is it said that any

decision will be unnecessary to be made going forward.

Service

6. In addition to the statement verified on affidavit by Mr. Lillis, I also have the benefit of an affidavit of service which he swore on 06 March. Given the facts averred to, I am satisfied that service was properly effected and that appropriate efforts were made to explain the nature of today's application to the respondent.

Views

7. Efforts were also made to try ascertain the respondent’s views. While the respondent indicated that he receives help from a brother whom he trusts, it is clear from the contents of the application that this gentleman felt unable to put himself forward to take on the role of decisionmaking representative (“DMR”) due to his own health concerns.

8. The application also includes details of the respondent’s assets, a schedule of which is exhibited. In objective terms these are straightforward.

DMR – s.38

9. In circumstances where there is no suitable person willing and able to carry out the role of

decision-making representative (or “DMR”), the nomination of Mr. [X] from the panel maintained by the Decision Support Service under the 2015 Act has been approved by the President. Mr. [X] is a very experienced social worker with a particular expertise in acting for vulnerable persons and would appear to be ideally placed to assist the respondent, having also provided a declaration of suitability reflecting the provisions of s.38 of the 2015 Act.

Declaration

10. In light of the evidence, in particular, the uncontroverted medical evidence, I am making the following declaration in relation to Mr. [V]. I am declaring, pursuant to s.55(1)(b)(ii) of the 2015 Act, that the respondent, Mr. [V], lacks capacity to make decisions regarding both his personal welfare and his property and affairs even if the assistance of a suitable person as co-decision-maker were made available to him.

Orders

11. Having carefully considered the evidence in advance of sitting today, I am satisfied that it is appropriate, necessary and proportionate to make orders in terms of the draft which Mr. Lillis and Mr. O’Donovan have very helpfully provided, and I now propose to summarise those orders.

12. The first is an order under s.27 of the Civil Law (Miscellaneous Provisions) Act 2008 prohibiting the publication or broadcast of any matter relating to these proceedings which would, or might, identify Mr. [V] as someone suffering from a medical condition.

13. Next, I am formally ordering the discharge from Wardship of Mr. [V] who is remitted to the management of his affairs with the appointment of a suitable person as his decision-making representative, or “DMR”.

14. I am ordering that Mr. [X] be appointed as DMR for Mr. [V] in the areas of both personal welfare and property and affairs decision-making, subject to the obligations found in s.8(7) and (8) of the 2015 Act.

15. Mr. [V] is entitled to receive the assets held on his behalf by the Accountant of the Courts of Justice and in the committee account.

16. The DMR, Mr. [X], is authorised to take custody, control and management of the assets held on behalf of Mr. [V], including in the Credit Union account referred to in the application.

17. On production of confirmation of the said custody, control and management, the DMR is authorised to receive the assets held on behalf of Mr. [V] by the Accountant of the Courts of Justice and the assets held in the committee account.

18. For the avoidance of doubt, the DMR is authorised to open any further account as may be required to properly manage the property and affairs of Mr. [V], including, for the purposes of receiving any Department of Social Protection entitlements.

19. The DMR is authorised to receive, on behalf of Mr. [V], payment of any Department of Social Protection pension or entitlement.

20. In respect of all dealings in the respondent’s property and affairs, the DMR is to account to the Director of the DSS, reflecting the provisions of s.46(6) of the 2015 Act.

21. I will order that the Accountant of the Courts of Justice carry out the directions contained in the payment schedule.

22. Given that Mr. [X] is a DMR from the panel, I will make orders under s.42 ss.(1) and (2) to the effect that the DMR is not entitled to be reimbursed for expenses, or to be paid remuneration, from the assets of Mr. [V] in relation to the performance of his functions as DMR carried out in connection with his trade or profession.

23. The capacity of Mr. [V] is to be reviewed by the Circuit Court no later than three years from the making of these orders and I will direct that Dr. [W]'s functional capacity assessment be released to the Circuit Court in that regard.

24. The applicant is entitled to provide the DMR with a copy of the court booklet.

25. In circumstances where I understand from Mr. O'Donovan that there is a legal aid certificate in place, I will make no order for costs.

In conclusion

26. Finally, I want to thank those providing such great care to Mr. [V] in his residential setting. It is clear from the evidence that this is an environment meeting his needs, where Mr. [V] is being enabled to enjoy a good quality of life. I see that he enjoys walking most days and that he particularly enjoys live music sessions, and is someone very well-liked by staff.

27. I want to congratulate Mr. [V] on leaving Wardship and make clear that his day-to-day life is not going to change as a result of anything decided by this Court today. Mr. [V] will continue to have the benefit of a placement which he considers home. He will simply have, going forward, the added support of Mr. [X] to act as his DMR and I want to thank Mr. [X] in that regard and to wish him the best in developing a relationship with Mr. [V].