The High Court has discharged a young man from wardship and appointed an independent Decision-Making Representative (DMR) for decisions about his personal welfare and property and affairs. The appointment does not replace the guardian ad litem in separate, ongoing proceedings concerning his care and placement abroad.
In a ruling delivered on 13 February 2025, Mr Justice Heslin declared that the young man lacked capacity in both areas even with the assistance of a co-decision-maker. The application was brought under section 55 of the Assisted Decision-Making Capacity Act 2015, as amended. The court said the young man was temporarily living in the United Kingdom for specialist treatment unavailable in Ireland.
The judge said the young man had repeatedly expressed a wish for both parents to act as his DMRs. His parents, who are estranged, disagreed about the appointment: his mother sought appointment as sole DMR, while his father supported an independent nominee from the Decision Support Service panel. The judge found that appointing one parent over the other would not reflect the young man’s stated preference and could increase discord between them.
The court also considered medical and care professionals’ support for appointing both parents. But the judge said that was not possible given the parents’ differing positions. He appointed solicitor and mediator Sinead Maguire as DMR for both areas, describing her as an independent professional with relevant experience.
The judge said significant personal-welfare decisions were likely to continue to arise under existing orders made in the court’s inherent jurisdiction. Those proceedings are to continue in their current form, with guardian ad litem Niall McGrath continuing to represent the young man. The DMR’s role is limited to matters outside those proceedings; the appointment does not transfer Mr McGrath’s role to the DMR.
The formal orders discharge the young man from wardship and remit him to management of his affairs with a DMR. Ms Maguire is authorised to take custody, control and management of any assets held in the account identified in the application, and to liaise with the Department of Social Protection about disability allowance or any other benefit to which he may be entitled. She must account to the Director of the Decision Support Service. The order provides that she is not entitled to reimbursement from the young man’s assets for expenses or remuneration.
The Circuit Court must review his capacity no later than one year from the order. The ruling also records that a section 27 order had been made at the outset of the application.