Understanding the Ward of Court Process in Ireland

The Ward of Court process in Ireland was  a legal mechanism designed to protect individuals who no longer had the capacity to manage or make decisions about their personal or financial affairs. Although the coming into force of the Assisted-Decision Making (Capacity) Act 2015 means that it is no longer possible for people to be brought into this system from April 2023, a significant number of people remain Wards of Court.

This process typically applied to those who may have been vulnerable due to age, illness, or mental incapacity. When someone became a ward of the court, the High Court took responsibility for ensuring their welfare, managing their affairs, and protecting their interests.

This article outlines the Ward of Court process, the legal requirements involved, and how the system functions to safeguard individuals under its protection.

What is a Ward of Court?

A Ward of Court refers to an individual who was deemed by the court to lack the capacity to make important decisions regarding their welfare or financial affairs. In Ireland, the process is governed by the Courts (Supplemental Provisions) Act 1961 and the Lunacy Regulation (Ireland) Act 1871.

Once someone became a ward of the court, the High Court steps in to manage their affairs, appointing a committee (usually a family member or trusted individual) to act on their behalf. However, all significant decisions must be approved by the court.

Wards of court may include:

• Elderly individuals suffering from dementia or Alzheimer’s disease
• People with severe mental illness
• Individuals with intellectual disabilities
• People in comas or incapacitated due to accidents or medical conditions

The primary purpose of the wardship process is to ensure that vulnerable individuals receive proper care and that their assets and financial affairs are managed in their best interests.

When was the Ward of Court Process Necessary?

The Ward of Court process was typically initiated when there were concerns that an individual could no longer make decisions independently and may have been at risk of financial abuse or neglect. Alternatively, it might have become impossible to manage their legal and financial affairs. Family members, healthcare providers, or even solicitors may have noticed that a loved one’s ability to manage their affairs was deteriorating.

Key signs that the process may have been necessary included:

• Failure to manage everyday tasks such as paying bills or maintaining their property
• Inability to understand or communicate essential medical or personal decisions
• Signs of vulnerability or undue influence from others

In such cases, concerned parties were able to apply to the court to initiate the process of making the person a ward.

How Does the Ward of Court Process Work?

The Ward of Court process in Ireland involved several key steps:

Medical Assessment

Before any legal action could be taken, a medical professional must have assessed the person in question and provided a report confirming their lack of capacity to the Court. Once assessed, two doctors would have signed a medical affidavit confirming to the court that they believed the ward was unable to manage their own affairs due to the specified illness or disability. 

This medical evidence was critical as it served as the foundation of the application.

Application to the High Court

Once the medical reports were obtained, an application (called a petition) was drafted and sent to the Office of Wards of Court. Petitions usually came from a family member but could also be brought by a concerned party, such as a family friend or the HSE. 

This petition offered details relating to the proposed ward’s reason for incapacity, their assets, history, and a request for them to be made a ward of the court – and would be supported by the medical affidavits..  

Once submitted, the court would review the application and if happy, would send a third doctor on behalf of the Court “the Medical Visitor” to visit the person. 

Court Enquiry

If the court found the application and medical evidence sufficient, it would conduct a hearing at which the person was made a ward of court. 

Declaration of Wardship

If the court determined that the person lacked capacity and the criteria were met, the person would be declared a Ward of Court. This meant that the court had authority over their personal and financial affairs from that point on.

At that point, the committee (generally a family member) was appointed to manage the ward’s affairs and a case officer from the Office of Wards of Court was also be assigned to liaise with the committee to help oversee decisions related to the ward’s care and financial matters. If no suitable family member was available to be the committee, the Court would appoint a civil servant, the General Solicitor for Minors and Wards of Court.  

Ongoing Supervision

Once the individual was declared a ward, the court continued to oversee their welfare. This supervision ensured that the ward received appropriate care, and that their financial and personal affairs were being managed responsibly. Any major decisions, such as the sale of property or significant medical treatments, must be approved by the court.

The Role of the Committee

The committee plays a crucial role in the Ward of Court process and can be made up of one or more people. Typically, close family members are appointed to this role, but it could also be made up of close family friends or even a solicitor. 

The committee is responsible for managing the ward’s daily affairs, including ensuring their financial assets are protected and overseeing their care arrangements. It’s important to note that the committee cannot make significant decisions without the court’s approval. This is to maintain full transparency and protect the ward from any potential exploitation.

How Does the Process End?

The wardship can be terminated under certain circumstances. If the person’s condition improves and they regain capacity, a medical report can be submitted to the court, and they may be released from wardship. In the unfortunate event of the ward’s death, the wardship comes to and end and their estate will be managed according to their will or through the intestacy process if no will exists.

Under the Assisted Decision-Making (Capacity) Act 2015, it is envisaged that all Wards will be discharged from the system within a three-year period from April 2023.

Key Differences with the Assisted Decision-Making (Capacity) Act 2015

The Assisted Decision-Making (Capacity) Act 2015 was introduced to reform how decisions are made for individuals who may lack capacity, offering less restrictive alternatives to wardship. Under this Act, individuals can choose decision-making assistants or co-decision-makers, allowing them more control over their lives. Alternatively, the court may appoint a decision making representative but only in respect of specified decisions. When a person is discharged from Wardship under this new system, the Court will decide what kind of decision-making arrangement will best suit that person’s circumstances.

The Ward of Court process in Ireland provided for many years a vital protection for individuals who could not manage their personal or financial affairs. Through the involvement of the High Court, vulnerable individuals were safeguarded, and their assets and welfare were closely monitored. While the process could seem complex and is winding down, it continues to play an essential role in ensuring the well-being of those who need it most and who are still wards of court. 

If you are concerned about a loved one who is a Ward, or if you need guidance through the discharge process, it’s important to consult a solicitor who specialises in wardship to ensure the best possible outcome. Choose PJF Solicitors – where your well-being is our top priority. Reach out to us today and let our experienced solicitors guide you every step of the way.