The High Court has discharged C.M. from wardship and appointed a solicitor as his decision-making representative after finding he lacked capacity to make decisions without suitable assistance, but no suitable co-decision-maker was available.
In a ruling delivered on 6 June 2024, Mr Justice Mark Heslin said the evidence supported a declaration under section 55 of the Assisted Decision-Making (Capacity) Act 2015 that C.M. lacked capacity unless assisted by a co-decision-maker. The court then applied the Act’s procedure for cases where no suitable person is available, discharged him from wardship and appointed Ms P. as a decision-making representative (DMR).
The ruling records that C.M. was born in 1935, became a ward of court in July 2021 and had lived in a community unit since December 2023, following a hospital admission. His son had died and he was reported to be estranged from another son.
A consultant psychiatrist assessed C.M. in March 2024. The psychiatrist considered him unable to meet the capacity requirements for decisions about health, care and treatment. C.M. could make small day-to-day choices, but the report said he did not understand or retain information needed for more complex decisions about independent living and finances. The psychiatrist recommended trying co-decision-making to support his autonomy. No second opinion was sought, and the ruling says no challenge was made to the psychiatrist’s views.
C.M. had considered his niece for the role, but said she lived some distance away and might not want to manage his finances. A social worker told the court that an independent professional would be more practical, citing delays in getting responses and items for C.M.’s home. The judge said C.M.’s stated preference was for an independent person, provided that person took his wishes into account. C.M. also told a solicitor who met him that he was content for the court to appoint someone independent to look after his affairs, subject to that condition.
The court said the appointed DMR must, so far as practicable, make decisions jointly with C.M. It ordered that his capacity be reviewed within three years. The DMR may take steps to protect his interests in property and in his late wife’s estate, must account to the Decision Support Services Director, and cannot claim remuneration or expenses from C.M.’s assets. The court also directed that assets held on C.M.’s behalf be made available to him and that arrangements be made for his social welfare payment to be paid directly to him.
The court prohibited publication that would or could identify C.M. No costs were sought. The judge congratulated him on leaving wardship.