Discharge of Wardship Solicitors

The law on wardship in Ireland has fundamentally changed with the introduction of the Assisted Decision-Making (Capacity) Act 2015. The traditional Ward of Court system is being phased out, and all existing adult wards must be discharged from Wardship.

If you or a loved one is currently a Ward of Court, navigating this transition can be a complex and emotional process. At Patrick J. Farrell & Co. Solicitors, we provide clear, expert legal guidance to help you through every step of the discharge from wardship. Our goal is to ensure your rights are protected and your voice is heard.

Understanding the Discharge from Wardship Process

Since April 2023, it is no longer possible to make a person a Ward of Court in Ireland. The focus has shifted from removing a person’s decision-making power to supporting them in making their own choices.

The Office of the Wards of Court has begun a three-year review to discharge all adult wards. This means anyone currently under wardship is entitled to have their case reviewed and be discharged. Our solicitors can help you proactively manage this process, ensuring you meet all legal requirements and deadlines without unnecessary delays.

Solicitor’s Role in the Discharge of Wardship Process

Engaging an experienced solicitor is crucial for a smooth discharge from wardship. Our dedicated team will manage the entire legal process on your behalf, allowing you to focus on your family. Our services include:

• Initial Consultation: We will explain your legal rights and outline the steps involved in the discharge process.
  
  
• Court Application: We will prepare and lodge all necessary legal documents with the High Court to initiate the review.
  
  
• Documentation & Evidence: We will assist in compiling all required legal and medical documentation to support the application.
  
  
• Court Representation: We will represent the Ward and their Committee at the discharge hearing, ensuring their interests are robustly defended. 
• Transition to New Supports: We will advise on the new support arrangements available under the Assisted Decision-Making Act and help ensure a seamless transition.

What Happens After Discharge from Wardship?

Once a person is discharged, their legal status as a ward ends. Control over their personal and financial affairs is returned to them. For those who still require support, the Court will transition them to a new, modern support arrangement under the Decision Support Service (DSS).

These arrangements are designed to maximise a person’s autonomy and ensure their will and preferences remain at the heart of any decision.

Decision-Making Assistant (DMA)
This is the most suitable option for individuals who can make their own decisions but need help with gathering information, understanding their options, or communicating their final choice.

• Who Appoints – The person appoints their own assistant through a formal agreement. 
• The Role – A DMA can access relevant information, explain it clearly, and help communicate the person’s decision to others.
  
  
• The Final Say – The person themselves always makes the final decision. The DMA has no legal power to make a decision on their behalf.

Co-Decision Maker (CDM)
This arrangement is for individuals who need more active support to make certain decisions.

• Who Appoints: The person appoints a trusted individual to make specified decisions jointly with them. 
• The Role: The Co-Decision-Making Agreement, which is registered with the DSS, lists the exact decisions that must be made together (e.g., decisions about property or finances). 
• The Final Say: For a decision to be legally valid, both the person and their co-decision-maker must agree and sign off on it. Neither can act alone.

Decision-Making Representative (DMR)
This is the highest level of support and is for individuals who are unable to make certain decisions, even with the help of a DMA or CDM.

• Who Appoints: A DMR is appointed by the High Court on discharge of Wardship or by the Circuit Court following a legal application and a review of the person’s capacity.
  
  
• The Role: The Court order gives the DMR the legal authority to make specific decisions on the person’s behalf.
  
  

The Final Say: The DMR must, by law, ascertain the will and preferences of the person and act in their best interests. They have a duty to involve the person in the decision-making process as much as is practicable.

Legal Costs in Wardship Discharge Cases

In discharge of wardship applications, the legal costs of the application for discharge are covered by the Legal Aid Board so the Committee or Ward will not incur any fees. 

At Patrick J. Farrell & Co., we believe in being transparent from the outset, Niall Farrell is on the Legal Aid Board panel and can provide you with a clear understanding of the likely costs involved and keep you fully informed throughout the process. Contact us today for a consultation. 

Why Choose Patrick J. Farrell & Co.?

The discharge process requires a deep legal understanding of both the old wardship system and the new legislative framework. Our firm is uniquely positioned to provide this expertise.

Niall Farrell is highly experienced in the management of the affairs of people with capacity problems. 

Niall has worked as a solicitor for the General Solicitor for Minors and Wards of Court for many years, managing the affairs of many Wards of Court. In this role, he was responsible for managing the affairs of numerous Wards of Court. 

In addition, Niall has chaired Mental Health Tribunals for the Mental Health Commission. 

This hands-on experience gives him a unique insight into the challenges faced by wards and their families. Niall can provide expert, practical advice to families in relation to the wardship discharge process, and can help them navigate this difficult time with confidence and dignity. We are committed to protecting our clients’ rights and ensuring their future is secure.