The High Court discharged an anonymised 53-year-old man from wardship and appointed a decision-making representative to assist with managing his affairs, after declaring that he lacked capacity even if a co-decision maker were available.
In an ex tempore ruling delivered on 6 December 2023, Mr Justice Heslin made the declaration under section 55(1)(b)(ii) of the Assisted Decision Making (Capacity) Act 2015. He also ordered that the man be discharged from wardship under section 55(5)(b), with his affairs remitted to the management of the appointed representative, identified in the ruling only as Ms Q.
The man, referred to as Mr C, had been a ward of court since 22 October 2014. The court heard that he had lived in the same group home since 2011. A court medical visitor, consultant psychiatrist Dr H, reported that he had severe autism, was non-verbal and could not understand, use or weigh information or communicate decisions about his health, welfare or finances.
The psychiatrist described his current placement as clean and comfortable and said he appeared well and content. An independent social worker reported that the man needed a structured routine and constant supervision from experienced staff, and appeared appropriately placed and well cared for. The judge said the orders would not affect his continuing to live there.
The court heard that the man’s wishes about the proceedings and attending court could not be ascertained. He participated remotely in the hearing. The judge noted that staff had not observed him objecting when the motion was explained to him in simple language.
The General Solicitor for Minors and Wards of Court, which was committee of the man’s person and estate, brought the application. With no suitable representative identified, the court had approved Ms Q’s nomination. The ruling describes her as a senior social worker with the Health Service Executive and almost 20 years’ clinical social work experience.
The orders authorise the representative to receive the man’s pension and assets held on his behalf by the court accountant, and require proper accounts and financial records. The judge also made orders under sections 42(1) and 42(2) of the 2015 Act. The ruling said there would be no change to his disability allowance and directed that his capacity be reviewed within two years.
The court made an order under section 27 of the Civil Law (Miscellaneous Provisions) Act 2008 prohibiting publication likely to identify the man. The HSE did not seek costs. The ruling summarised the orders in headline terms and said the applicant would provide a draft to the Registrar.