Judgment: 2026-03-23 · Court archive

High Court discharges woman from wardship and appoints decision-making representative

High Court, Wards of Court · [2026] IEHC 211

Who, what, where, when and why

Who
  • R
  • Mr Justice Mark Heslin
  • Mr U
What

High Court discharges woman from wardship and appoints decision-making representative

Where

Places mentioned in the report

  • High Court
When

Judgment:

Why

Reasons reported in the judgment

R did not attend the hearing. The court was satisfied that proceeding in her absence caused no injustice because the evidence showed she could not participate meaningfully and had also expressed a wish not to address the court.

The High Court has discharged an anonymised woman from wardship and transferred the management of her personal and financial affairs to a decision-making representative under the Assisted Decision-Making (Capacity) Act 2015.

Mr Justice Mark Heslin delivered the ruling on 23 March 2026 in the case of R, a woman born in 1952 who had been admitted to wardship in 2022.

The court heard medical evidence that R suffers from dementia, psychosis and other health difficulties. She lives in residential care, receives 24-hour support and depends on others for activities of daily living.

A consultant psychiatrist carried out a functional assessment and concluded that R lacks capacity to make decisions concerning both her personal welfare and her property and affairs, even if a suitable co-decision-maker were available to assist her. That evidence was not challenged.

R did not attend the hearing. The court was satisfied that proceeding in her absence caused no injustice because the evidence showed she could not participate meaningfully and had also expressed a wish not to address the court.

As no suitable person was available to act as decision-making representative, the court appointed an experienced social worker, identified only as Mr U, from the Decision Support Service panel.

Heslin J ordered R’s formal discharge from wardship and directed that her assets be returned into an account controlled and managed by the appointed representative on her behalf. The representative was also authorised to receive social welfare payments for her and must account to the Decision Support Service.

The court imposed reporting restrictions preventing publication of material capable of identifying R as a person with a medical condition.

Because her difficulties were described as permanent, the judge ordered that her capacity be reviewed by the Circuit Court within three years. No order for costs was made.

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