Category: Ward of 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 […]

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 […]

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, […]

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 is hopelessly outdated.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 […]