The High Court has appointed an independent Guardian ad Litem before deciding whether a ward of court should be discharged from wardship without support or have his siblings appointed as co-decision-makers.
The case concerns a man identified only as P. A court medical visitor assessed him in July 2025 and concluded that he currently has decision-making capacity in both personal welfare and property and affairs.
That medical evidence supports a declaration which would allow P to leave wardship without formal decision-making assistance. His two siblings, who form his committee, disagree and have asked to be appointed as co-decision-makers, particularly for financial matters.
Mr Justice Mark Heslin stressed that there was no criticism of the siblings, describing their concern for their brother as evident. However, he said the Assisted Decision-Making Capacity Act 2015 places autonomy at the centre of the process and does not permit intervention simply because relatives believe support would be in a person’s best interests.
The judge noted that the medical report said P might benefit from a co-decision-maker because of his limited experience managing finances independently. It did not say such support was necessary or that P lacked capacity without it.
The court also emphasised that a person cannot be treated as lacking capacity merely because they may make an unwise decision. The legislation is designed to maximise autonomy, even where that creates the possibility of decisions others consider imprudent.
Because there remained uncertainty about P’s own wishes, the court appointed solicitor Adrian Lennon as Guardian ad Litem. His role will include establishing whether P understands that he has been assessed as having capacity, that he can leave wardship without support, and that he is under no obligation to enter a co-decision-making agreement.
The substantive application was therefore adjourned. No final ruling has yet been made on P’s discharge from wardship or on the siblings’ application to become co-decision-makers.