The High Court has discharged an elderly man from wardship and appointed his niece to act as his decision-making representative under the Assisted Decision-Making (Capacity) Act 2015.
The man, identified only as C, was born in the 1930s and has lived in residential care since childhood. He was admitted to wardship in 2020 and has complex needs, including a moderate to severe intellectual disability and other medical conditions. He depends on others for activities of daily living.
In an ex tempore ruling delivered on 23 March 2026, Mr Justice Mark Heslin considered a functional capacity assessment carried out by a consultant psychiatrist. The assessment concluded that C lacks capacity to make decisions concerning both his personal welfare and his property and affairs, even if assisted by a suitable co-decision-maker.
That medical evidence was not disputed. The court also accepted evidence that attempts had been made to explain the application to C but that he did not appear to understand the explanation and was unable to communicate his views.
The judge formally declared that C lacks capacity in both areas and ordered that he be discharged from wardship. His niece, identified as F, was appointed as decision-making representative for both personal welfare and property and affairs.
The appointment is not limited to a specific list of decisions because the medical assessment did not identify any category in which C retained decision-making capacity with assistance.
The court authorised F to receive and manage assets held for C, including the balance in an HSE private patient account, and to receive his Department of Social Protection payments, including his pension. She must also investigate any other financial accounts held in his name and account to the Director of the Decision Support Service.
C’s capacity must be reviewed by the Circuit Court within three years. No order for costs was made.