The High Court has discharged a woman identified as F from wardship and appointed three of her first cousins to act as her decision-making representatives under Ireland’s assisted decision-making legislation.
In a ruling delivered on 23 March 2026, Mr Justice Mark Heslin made a declaration under section 55 of the Assisted Decision-Making (Capacity) Act 2015 that F lacks capacity to make decisions concerning both her personal welfare and her property and affairs, even with assistance from a suitable co-decision-maker.
F was born in 1977 and had been admitted to wardship in 2019. She has lived for many years in a residential care setting and receives substantial support from three cousins who had previously acted together as her committee in wardship.
The court relied principally on an uncontested functional capacity assessment carried out in December 2025 by a consultant psychiatrist and general practitioner. The assessment did not identify any category of personal, welfare or financial decision that F could make with co-decision-making assistance.
The court therefore appointed her three cousins, identified as G, H and I, as decision-making representatives to act jointly and severally across both areas. The judge found them suitable and noted that each had provided the required declaration accepting the responsibilities of the role.
The ruling also dealt with F’s assets. The court authorised their transfer from funds held on her behalf, including by the Accountant of the Courts of Justice, into an account managed for her benefit by the representatives. A financial plan had been prepared with an emphasis on preserving capital through low-risk arrangements.
The representatives must account to the Director of the Decision Support Service and investigate any other financial accounts held in F’s name.
Because of the permanent nature of F’s difficulties, the court directed that her capacity be reviewed by the Circuit Court within three years.
A reporting restriction was also imposed prohibiting publication of material that could identify F as a person with a medical condition. No order for costs was made because a legal aid certificate was in place.