Capacity Law

Emma Slattery BL explores the changes made to the new Assisted Decision-Making (Capacity) (Amendment) Act 2022 as it made its way through the Seanad. The Assisted Decision-Making (Capacity) (Amendment) Act 2022 (Act No. 46 of 2022) was signed into law by the President on Saturday, 17th December 2022

The Court of Appeal has dismissed an appeal which was brought by a solicitor purporting to act on behalf of a ward of court. The court held that the legal practitioners did not have any lawful authority to pursue the appeal after the man had been brought into wardship, which related to the costs of

The High Court has admitted a man suffering from bipolar affective disorder to wardship despite conflicting medical evidence on his capacity. The man was being kept in a residential placement but had acted in a violent and sexually inappropriate manner with staff while having a poor record of taking

The Assisted Decision-Making (Capacity) Act 2015 is due to be commenced on the 21st November 2022. The recent High Court decision in Re JD [2022] IEHC 518 highlights the important changes to capacity assessments that will be required under that Act, and how consultants are already choosing to carry

Gary Lee, the former head of Ballymun Community Law Centre, has joined the Office of the General Solicitor for Minors and Wards of Court. Mr Lee joins the office as a solicitor weeks after he announced his departure as managing solicitor of the law centre.

The High Court has rejected an application by a woman’s legal representatives that her estate should bear the costs of unsuccessful litigation after she was found to lack capacity to give instructions during trial. The lawyers stated that they could not find a next friend who was willing to ac

The High Court has admitted an 89-year-old woman into wardship after her son failed to properly care for her significant personal needs and took out €87,000 from her bank account without authority. The woman was suffering from an acquired brain injury and dementia, requiring 24-hour care. Deliv

Legal aid will be provided for issues relating to capacity under the new regime coming into force this summer, the government has said. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022, which was published last week, will make a number of changes to the Assisted Decision-Making (Capacit

Ciara Dowd BL examines the government's proposed changes to Ireland's landmark new capacity legislation. The deadline for the commencement of the Assisted Decision-Making (Capacity) Act 2015 has been set for this summer. However, it is due some significant amendments.

Ciara Dowd BL reports on a recent judgment exploring wardship, involuntary treatment and best interests, wherein Ms Justice Niamh Hyland ultimately decided to make orders withdrawing coercive treatment in circumstances where such withdrawal is likely to mean Ms A will die. The High Court has made or

The Law Society of Ireland has warned that government plans for the implementation of landmark new capacity laws could leave a six-month gap in which people who lack capacity will have no access to justice. The Assisted Decision-Making (Capacity) Act 2015, which will abolish Ireland's existing wards

Jude Murray BL thoroughly delves into Ireland's landmark new capacity legislation ahead of its commencement and summarises the key sections. The Assisted Decision-Making (Capacity) Act 2015 is due to fully commence in 2022. It is a very significant new piece of capacity legislation that addresses a

The High Court has acceded to an application appointing the aunt of a ward of court as his joint committee in addition to the General Solicitor. The General Solicitor opposed the appointment, arguing that the aunt’s disagreement with the treating doctors could undermine the ward’s treatm

An Oireachtas committee has launched a call for submissions on proposed legislation to abolish the wards of court system for adults. The joint committee on children, equality, disability, integration and youth is seeking views on the Assisted Decision-Making (Capacity) (Amendment) Bill 2021, which w

Ireland's controversial wardship system will be ended by June 2022 under plans set out by ministers today. The government has announced that the Assisted Decision-Making (Capacity) Act 2015 will be amended before being commenced in full by June 2022.