Capacity Law

The High Court has determined that it is obliged to carry out a review pursuant to s.108 of the Assisted Decision-Making (Capacity) Act 2015 even where the ward is not and was not suffering with a mental disorder and has no consultant psychiatrist responsible for their care. Delivering judgment for

Eimear Burke, Hannah Unger and Ciara Long of Fieldfisher examine a key Circuit Court decision concerning the application of Ireland's new capacity law. In a recent key Circuit Court decision concerning the application of the Assisted Decision-Making Capacity Act 2015 (as amended), the appointment of

The High Court has held that a previous jurisdiction for the detention of wards of court did not survive the commencement of the Assisted Decision-Making (Capacity) Act 2015. As such, it was held that the proper legal basis for a detention order relied on the inherent jurisdiction of the court. Deli

Over 130 practitioners attended a recent Bar of Ireland conference marking the commencement of the Assisted Decision-Making (Capacity) Act 2015. Delegates heard from a panel of legal experts, academics and from those on the front line of the forthcoming service.

The High Court has refused an application to come off record which was brought by the solicitors acting for an elderly woman in a dispute regarding a will. The woman claimed that she was entitled to benefit from a deceased’s estate as they had co-habited for more than 30 years. However, concer

Community Law & Mediation has launched two guides in partnership with Family Carers Ireland to mark the commencement of the Assisted Decision-Making Capacity Act 2015. The two guides, A Guide on the Legal Aspects of Caring and A Practical Guide for Family Carers on The Assisted Decision-Making C

The wards of court system will come to an end today with the long-awaited commencement of the Assisted Decision-Making (Capacity) Act 2015. A core principle of the new Act is that all persons have the presumption of capacity and should be supported to make their own decisions as far as is possible.

Ireland's controversial wardship system will finally come to an end in April 2023, the government has said. Roderic O'Gorman, the minister for children, equality, disability, integration and youth, and Anne Rabbitte, the minister of state for disability, have confirmed that 26 April 2023 has been se

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