The High Court has made capacity declarations for an anonymised man as part of the statutory process of discharging him from wardship and moving his affairs into the assisted decision-making system.
L, who was born in 1969, suffered serious head trauma in a fall in 2011 and became a ward of court the following year. His brother, M, has acted as his committee. The court was told that L continues to live in his own home with support and is enabled to live as independently as possible.
In a ruling delivered on March 23, 2026, Mr Justice Mark Heslin considered medical evidence assessing L's capacity in relation to personal welfare and to property and financial affairs.
The doctor concluded that L could make personal welfare decisions if assisted by a suitable co-decision-maker. A co-decision-maker does not simply take over decision-making, but supports the person in making specified decisions jointly.
For property and financial matters, however, the evidence was that L lacked capacity even with that level of assistance and therefore required a decision-making representative. No challenge was made to the medical assessment.
L told those involved in the application that he wanted his brother M to help him make decisions. His parents and sisters also supported the proposed arrangement and asked that his siblings be kept informed.
The High Court formally declared that L lacks capacity to make specified personal welfare decisions without a co-decision-maker and lacks capacity to make property and affairs decisions even with such assistance.
The court did not complete the discharge process that day. It adjourned the remainder of the application for several months so that a co-decision-making agreement between L and M could be drafted and registered with the Decision Support Service.
The judge also prohibited publication of information capable of identifying L as a person with a medical condition. The parties were given liberty to return to court if necessary.