Review of Capacity of Adult Wards An application for a declaration in respect of a ward who has attained the age of 18 years by the date of commencement of the Assisted Decision Making Act in April 2023, may be made to the wardship court at any time— by the ward, by the committee of the ward, or with the consent of the wardship court, […]
Special Procedures There are a number of older procedures by which an inquiry may be made as to a person’s mental capacity. However, in lieu of these procedures, the matter may be determined in a normal jury trial style. Where the respondent is outside the jurisdiction and served abroad, the petitioner must apply for an order for an inquiry before a jury. There is a […]
Shortcomings The current law on wardship is wholly inadequate. Many aspects are likely to be inconsistent with the Constitution. The system may be contrasted with the much more elaborate protection is provided other than the Mental Health Act in relation to the detention and treatment of persons with mental health difficulties. The Irish standards under the older legislation fell well short of international minimum standards […]
Role and Appointment The Committee of the person (a role usually held by one designated person) is responsible for the personal care of a ward of court. The Committee of the estate acts on behalf of the ward in n the management of his assets and financial affairs. As with the Committee of the person, the appointee is likely to be a spouse or close […]
Voluntary v Involuntary Mental health services in the broadest sense, which are regulated by the legislation cover voluntary and involuntary patients. Codes of practice and guidance of persons prepared by the Mental Health Commission apply equally to all patients. The provision for visitations by the Inspector of Mental Health Services also so applies. Part 5 of the legislation relating to approved centres and the provisions […]
Commencement Generally, an application or petition for a person to be made ward of court may be made by his or her next of in. Next of kin are the closest relatives in accordance with the rules in the Succession Act. Where no next of kin are available, a third-party may make an application. The closest next of kin has the right to make the […]
Mental Health Tribunal The Mental Health Tribunal was introduced by the Mental Health Act 2001 and constituted a fundamental new element in mental health law. The Mental Health Commission has produced procedural guidance and protocols in relation to the operation of the Mental Health Tribunal. Mental Health Tribunals deal with involuntary admission order regrading from voluntary to involuntary renewals orders proposal to perform psychosurgery transitional […]
Ward of Courts Legislation The Wards of Court legislation, which is being phased out, some elements of which still continue. is hopelessly outdated. The principal legislation is the Lunacy Regulation (Ireland) Act 1871 with very minimal modifications. There has been a comprehensive revision of the law in relation to wardship and the custody and care of the assets and persons, formerly labelled of “unsound mind”. […]