{"id":2646,"date":"2021-09-24T22:57:54","date_gmt":"2021-09-24T22:57:54","guid":{"rendered":"http:\/\/legalblog.ie\/?p=2646"},"modified":"2023-07-22T14:24:05","modified_gmt":"2023-07-22T14:24:05","slug":"wardship-procedures-ii","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/wardship-procedures-ii\/","title":{"rendered":"Wardship Procedures II"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/wardship-procedures-ii\/#Special_Procedures\" title=\"Special Procedures\">Special Procedures<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/wardship-procedures-ii\/#Temporary_Guardian\" title=\"Temporary Guardian\">Temporary Guardian<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/wardship-procedures-ii\/#Protective_Jurisdiction\" title=\"Protective Jurisdiction\">Protective Jurisdiction<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/wardship-procedures-ii\/#Children\" title=\"Children\">Children<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/wardship-procedures-ii\/#Circuit_Court_Procedure\" title=\"Circuit Court Procedure\">Circuit Court Procedure<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/wardship-procedures-ii\/#Circuit_Court_Appointment\" title=\"Circuit Court Appointment\">Circuit Court Appointment<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Special_Procedures\"><\/span>Special Procedures<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There are a number of older procedures by which an inquiry may be made as to a person&#8217;s mental capacity.\u00a0 However, in lieu of these procedures, the matter may be determined in a normal jury trial style.\u00a0 Where the respondent is outside the jurisdiction and served abroad, the petitioner must apply for an order for an inquiry before a jury.<\/p>\n<p>There is a shortened procedure available where the person&#8217;s estate does not exceed \u20ac6,304 or income does not exceed \u20ac380 per annum.\u00a0 The procedure is a simplified version of the above procedure.\u00a0 It is usually commenced by a report from a medical visitor.\u00a0 The originating notice of application is served on the respondent.\u00a0 The respondent has the opportunity to object to the proceedings.<\/p>\n<p>As soon as practical, after service of the notice, the Registrar submits the medical visitor&#8217;s report evidence and any notice of objection to the President of the High Court.\u00a0 After considering the application, the President may make an order without counsel or parties. <strong>\u00a0<\/strong>Alternatively, he may refer the matter to an inquiry, to a Registrar or may set it down for hearing.<\/p>\n<p>There are different procedures depending on whether the application is made externally or on the initiative of the court office itself.\u00a0 The latter procedures are broadly similar but are a simplified version of the above.<\/p>\n<p>The application is generally considered by the President in chambers.\u00a0 The President may refer the matter to the Registrar or to a hearing.<\/p>\n<p>There exists a special procedure where a person has been found guilty but insane.\u00a0 This procedure is now rendered largely irrelevant by the Criminal Justice (Insanity Act) 2006.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Temporary_Guardian\"><\/span>Temporary Guardian<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a procedure by which a person may be appointed a guardian of a person who is temporarily incapable of managing his affairs where he is of a \u201cweak\u201d mind.\u00a0 The procedure is rarely used in practice.<\/p>\n<p>The board practice is similar to that set out above. A petition is signed by the petitioner setting out certain particulars.\u00a0 Certificates by registered medical practitioners are required.\u00a0\u00a0 An undertaking is given by the proposed guardian. In the alternative, the application may be based on a medical visitor&#8217;s report in which event the report is directed to stand as a petition.<\/p>\n<p>Notice must be given to the person concerned.\u00a0 On receipt of the petition, the Registrar must notify one of the medical visitors with directions to visit the respondent to ascertain if he is a proper subject of an application.\u00a0 He must report on these matters for the Registrar. \u00a0The person concerned has the right to object to the proceeding.<\/p>\n<p>Subject to broadly similar procedures as apply above, the President may ultimately make an order appointing a guardian and specifying the powers of the guardian as are necessary in the circumstances. The President may make an immediate order or may direct that the petition be set down for hearing.<\/p>\n<p>Orders appointing a guardian are valid only for six months.\u00a0 The order must direct a medical visitor to visit the temporary ward. Where the medical visitor concludes that the temporary ward has recovered, no further steps may be taken, and the order will lapse in due course.<\/p>\n<p>Where the visitor concludes the person has not recovered, an order is made automatically extending the wardship for six months. Where the illness ceases to be temporary it is treated as if it is a report of a medical petitioner and may be the basis of a petition for an inquiry.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Protective_Jurisdiction\"><\/span>Protective Jurisdiction<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Apart from the Lunacy Regulation Act, there is an inherent jurisdiction to take persons into protective jurisdiction of the wards, as a ward. The procedures were used prior to the enactment of more modern childcare legislation in the 1990s.\u00a0 However, they are still available in appropriate cases.<\/p>\n<p>The procedures have been used in cases where a person refuses to consent to life-saving operations.\u00a0 The cost and expenses relating to wardship matters may be ordered to be paid out of the ward&#8217;s estate.\u00a0 Where a petition fails, the petitioner will generally be liable for the costs.<\/p>\n<p>However, if a petition is properly presented for the benefit of the person concerned, it may be payable out of the estate (assets of the person concerned) \u00a0even if it is unsuccessful.\u00a0 It must however be a bona fide, there must be reasonable and good grounds for the petition.\u00a0 This may occur where the medical affidavit supported the application.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Children\"><\/span>Children<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Persons under 18 years old, whether or not suffering from mental incapacity, may be made wards of the court.\u00a0 The \u00a0Circuit Court or High Court may make the order concerned. The Circuit Court has power where the assets did not exceed a certain level.<\/p>\n<p>The application is often made to protect the assets of a minor.\u00a0 The application may also be made and granted where it is in the interests of the minor&#8217;s welfare.\u00a0 The jurisdiction does not depend on the existence of assets or income on the part of the ward. Parents, guardians or others interested in the welfare of the child, may institute proceedings to have him made a ward of court.<\/p>\n<p>Where a person has been awarded substantial damages when under the age of 18, wardship may be appropriate.\u00a0 A \u201cguardian of the fortune\u201d may be appointed, for example, to purchase assets on behalf of the minor.\u00a0 Where a minor has special care needs, the wardship may be used as a mechanism for releasing and applying his funds for his care and benefit.<\/p>\n<p>In wardship proceedings of this nature, the paramount consideration is the ward&#8217;s welfare.\u00a0 The jurisdiction is a broader version of that over the Guardianship of Infants Act.<\/p>\n<p>There is a special procedure for making a minor, a ward of court.\u00a0 An application is made to the Office of Wards of Court. A summons is issued by the Registrar of the Office of Wards of Court.\u00a0 It is based on an affidavit which must set out details of the minor and his position, income, assets, close relatives, proposals for care and maintenance, direction sought etc.<\/p>\n<p>The court may appoint a guardian of the fortune of the minor. The court maintains a continuing supervisory jurisdiction and function.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Circuit_Court_Procedure\"><\/span>Circuit Court Procedure<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There exists a parallel jurisdiction for the Circuit Court in wardship matters.\u00a0 It arises only where the assets of the person concerned are less than \u20ac6,348 (\u00a35, 000) or where income does not exceed \u20ac380 (\u00a3300).\u00a0 The Circuit Court also has jurisdiction over wards who are under the age of 18 years.<\/p>\n<p>There is s special form of civil bill as to capacity which is designated for the institution of proceedings to make a person a ward of court.\u00a0 The petitioner or his solicitor files a civil bill with the County Registrar, in the county where the person alleged to be unable to manage his affairs resides.\u00a0 The Civil Bill must give certain particulars, \u00a0set out assets and liabilities, particulars of dependants and confirm the property qualification for CC jurisdiction.<\/p>\n<p>Affidavits must be filed by persons interested in the wellbeing of the person concerned and by a medical practitioner.\u00a0 The medical practitioner&#8217;s affidavit must set out the nature of the alleged unsoundness of mind.<\/p>\n<p>The respondent may file a response within 10 days and contest the matter.\u00a0 If he fails to lodge an appearance, an application may be made to the Circuit Court office for the appointment of a guardian for the purpose of representing the respondent.\u00a0 If an appearance is entered, a defence is required which would set out the basis on which the application is disputed.<\/p>\n<p>The applicant may serve a notice of trial, on all persons concerned.\u00a0 At the hearing, the Circuit judge considers the evidence in relation to the application.\u00a0 He may direct a further medical affidavit.\u00a0 He may adjourn the matter pending receipts of reports.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Circuit_Court_Appointment\"><\/span>Circuit Court Appointment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>If the Circuit judge is of the opinion that the respondent is of \u201cunsound mind\u201d , and incapable of managing his affairs, and that he requires protection, he may declare the person to be such and appoint or give directions to the appointment of a guardian of the person or property.\u00a0 Separate guardians may be appointed.\u00a0\u00a0 The guardian may be a spouse or next of kin.\u00a0 The preferences of the respondent may be taken into account where he is capable of understanding the matter.<\/p>\n<p>The guardian must give security. \u00a0The Circuit Court order will specify the powers of the guardian.\u00a0 The funds may be directed in such manner as the judge directs.\u00a0 The guardian may be ordered to render accounts to the County Registrar&#8217;s office.<\/p>\n<p>If the assets of the person concerned increase beyond the jurisdiction of the Circuit Court, this must be notified to the Circuit Court office and the Office of Wards of Court.\u00a0 An application may be made to have the matter transferred to the High Court.<\/p>\n<p>The guardian must make annual returns to the Circuit Court office similar to those required of in the Office of Wards of Court.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-2646\" data-postid=\"2646\" class=\"themify_builder_content themify_builder_content-2646 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Special Procedures There are a number of older procedures by which an inquiry may be made as to a person&#8217;s mental capacity.\u00a0 However, in lieu of these procedures, the matter may be determined in a normal jury trial style.\u00a0 Where the respondent is outside the jurisdiction and served abroad, the petitioner must apply for an [&hellip;]<\/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":[24],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2646"}],"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=2646"}],"version-history":[{"count":2,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2646\/revisions"}],"predecessor-version":[{"id":2651,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/2646\/revisions\/2651"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=2646"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=2646"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=2646"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}