Where the wardship court declares that the ward does not lack capacity, it shall discharge the wardship and return all property and assets to the ward. Where it declares that the person would not lack capacity, with the assistance of a co-decision-maker, it shall on registration of the co-decision-making agreement, discharge the ward and order that the property revests in the ward.<\/p>\n
Where no suitable co-decision-maker is available, or the co-decision agreement is not registered within the time set by the court, the court shall, subject to being able to extend time, make such orders as it may make under its general jurisdiction to make decision-making representative appointments and order that the person’s property revest.<\/p>\n
Where the wardship court makes a declaration that the person would lack capacity even with a decision-making assistant, it shall make such orders as appropriate under the Act.<\/p>\n
The wardship court may, after consultation with the Director, in respect of a ward over 18 or a class of ward, direct that the Director exercise his functions in relation to that ward, or class of wards. The court may make such orders as necessary to give effect.<\/p>\n\n
\n <\/div>\n\n","protected":false},"excerpt":{"rendered":"
Reformed Legislation The Assisted Decision Making Capacity Act 2015 reformed legislation dating to the 19th century on the civil aspects of mental capacity. See the separate chapters on long-standing wards of courts legislation. The legislation was passed with reference to the protections afforded by the European Convention on Human Rights and Fundamental Freedoms. A Director […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[84],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2603"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=2603"}],"version-history":[{"count":8,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2603\/revisions"}],"predecessor-version":[{"id":26896,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2603\/revisions\/26896"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2603"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2603"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2603"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}