The High Court discharged an anonymised man in his sixties from wardship and appointed a decision-making representative to assist him with personal welfare and property and affairs decisions.
In an ex tempore ruling delivered on 28 January 2025, Mr Justice Mark Heslin made declarations and orders under section 55 of the Assisted Decision-Making (Capacity) Act 2015. He declared that Mr H lacked capacity in those areas unless the assistance of a suitable co-decision maker was available. As no suitable person was willing and available to act in that role, the court appointed solicitor Anthony O’Brien as his decision-making representative (DMR).
The judge said the DMR must, so far as practicable, make decisions jointly with Mr H. The appointment covers personal welfare and property and affairs decision-making. The court also authorised the DMR to take custody, control and management of assets held by the Courts of Justice accountant, in the committee account, and in a bank account referred to in the papers. The DMR must account to the Director of the Decision Support Service.
The ruling drew on a consultant psychiatrist’s assessment from September 2024. The doctor found Mr H could understand, retain and weigh information for straightforward health and welfare matters, though he might need assistance with complicated issues. The doctor found he lacked capacity to understand, retain or weigh information about property and financial matters, while identifying simple shopping and leisure spending as exceptions in the report’s overall conclusion. No dispute was raised about the medical findings, and no second opinion was sought.
The judgment records that Mr H agreed with the report and said he was happy to receive help. He had not identified anyone to act as co-decision maker and preferred an independent person. The judge noted that he lives in supported accommodation and works six hours a week in a supermarket.
The court ordered that a section 27 restriction apply to reporting that might identify Mr H as someone with the relevant condition. His Department of Social Protection payment is to continue to be paid directly to him, with the DMR to review that arrangement within 12 months. The DMR cannot be reimbursed from Mr H’s assets for expenses or remuneration incurred in performing the role.
The Circuit Court must review Mr H’s capacity no later than three years from the date of the order. No order for costs was made.