Judgment: 2026-03-23 · Court archive

High Court discharges T from wardship and appoints father as decision-making representative

High Court, Wards of Court · [2026] IEHC 279

Who, what, where, when and why

Who
  • T
  • V
  • Mr Justice Mark Heslin
What

High Court discharges T from wardship and appoints father as decision-making representative

Where

Places mentioned in the report

  • High Court
  • Circuit Court
  • Decision Support Service
When

Judgment:

Why

Reasons reported in the judgment

In a ruling delivered on 23 March 2026, Mr Justice Mark Heslin found that T lacks capacity to make decisions concerning both his personal welfare and his property and affairs, even if assisted by a suitable co-decision-maker.

The High Court has discharged a man identified as T from wardship and appointed his father to act as his decision-making representative under the Assisted Decision-Making (Capacity) Act 2015.

In a ruling delivered on 23 March 2026, Mr Justice Mark Heslin found that T lacks capacity to make decisions concerning both his personal welfare and his property and affairs, even if assisted by a suitable co-decision-maker.

T, who was born in the 1980s, has severe intellectual disabilities and a rare genetic disorder resulting in complex care needs. He was admitted to wardship in 2009 and lives between his family home and a care facility.

A medical practitioner carried out a functional capacity assessment and concluded that T lacked capacity across both areas of decision-making. That evidence was not disputed.

The court formally discharged T from wardship and appointed his father, identified as V, as his decision-making representative for personal welfare and property and affairs. The judge found V entirely suitable for the role.

T is entitled to receive assets previously held for him by the Accountant of the Courts of Justice. Those assets can now be transferred into a suitable account held in the names of T and his father but managed by V in his representative capacity.

T will continue to receive his Department of Social Protection entitlements directly for the present, with that arrangement to be reviewed by his father within 12 months. His father must also account to the Director of the Decision Support Service in relation to T's property and financial affairs.

Because T's difficulties are permanent, the court ordered a further capacity review by the Circuit Court within three years.

A reporting restriction prevents publication of information likely to identify T as someone with a medical condition. No order was made as to costs.

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