By Ruth Mercer
The High Court has discharged a man from wardship after more than four decades and appointed his sister and brother-in-law to act as his decision-making representatives.
The man, identified only as N, was born in 1956 and has a lifelong learning disability. He was admitted to wardship in 1985 and has lived for many years in a residential care setting where he receives support and assistance.
In a ruling delivered on 23 March 2026, Mr Justice Mark Heslin considered a functional capacity assessment from a doctor identified as Dr O. The assessment concluded that N lacks capacity to make decisions concerning both his personal welfare and his property and affairs, even if assisted by a suitable co-decision-maker. That medical evidence was not disputed.
Attempts were made to explain the discharge application to N and establish his wishes. However, because of his limited communication and ability to engage, his views on the proposed arrangements could not meaningfully be ascertained.
His sister, L, and brother-in-law, M, had been his joint committee during wardship. Both provided declarations of suitability to act under the Assisted Decision-Making (Capacity) Act 2015, and the court found them suitable to become decision-making representatives, or DMRs.
They were appointed jointly and severally for all decisions concerning N's personal welfare and property and affairs. Their powers include healthcare, finances, property, contracts and applications for benefits. They must account to the Director of the Decision Support Service for their management of N's property and finances.
The court also ordered the return of N's assets to his management through the DMRs and provided that he receive his social welfare entitlements directly, subject to review within 12 months.
N's capacity must be reviewed by the Circuit Court within three years. The judge stressed that the legal transition should not change N's day-to-day life or the residential care and family support he currently receives.