ENG
PL
Wardship Discharge in Ireland: What Families Need to Know (Part 2)
The Assisted Decision Making (Capacity) Act 2015 (“ADMA”) commenced on the 26th of April 2023, which has a wide ranging impact on all adult wards of court. The ADMA has sought an end to wardship, with all adults who are currently wards of court to be discharged by the 26th of April 2026. Alternative arrangements will be made for all such persons as and under the ADMA, and the Decision Support Service (“DSS”) will oversee all such arrangements.
In this two part article we address common issues and questions arising in relation to the process of applying for discharge from wardship.
If you haven’t yet read Part 1 of this article, which explains the key steps and alternatives to wardship discharge under the Assisted Decision-Making (Capacity) Act 2015, you can find it here: Wardship Discharge in Ireland: What Families Need to Know (Part 1).
-
Who funds the legal costs involved?
All applications in respect of the discharging of wards, irrespective of the complexity of the matter, are completely covered by Legal Aid and so the Committee will not incur any fees or costs.
“All applications for the discharge of wardship are fully covered by Legal Aid, ensuring no legal fees are incurred by the Committee.”
-
How long does the process take?
The length of time in relation to these matters is contingent on receipt of the medical report in relation to functional capacity being made available and the court diary for providing dates to hear these applications. Currently medical reports are taking 3 months to obtain.
-
Once the Order for Discharge has been made available, do I need to make a separate application in relation to decision making?
Generally, the Assisted Decision Maker, Co- Decision Maker or Decision-Making Representative will be appointed on the same day that the ward is discharged from wardship. In some cases, it may be necessary for the application to be adjourned so that the appropriate documentation can be put in place. This will depend on the circumstances of each case.
Generally, persons from the committee, family members or other persons close to the ward will be appointed in respect of decision making – however – if there is no suitable person willing to act in this respect, the Decision Support Service will appoint independent persons to act as decision makers.
-
What is the benefit of appointing a solicitor?
A solicitor who is experienced in mental health law will be able to deal with this matter on your behalf, while keeping you informed through every step of the process.
“An experienced solicitor will manage the entire wardship discharge process on your behalf, ensuring you are supported every step of the way.”
In circumstances where these applications are entirely funded by legal aid, you will not have to pay for the legal fees of the solicitor instructed
For more information regarding the Wardship Discharge in Ireland, please contact Mark Felton mark@amoryssolicitors.com or Rachel Foley, trainee Rachel.foley@amoryssolicitors.com, telephone 01 213 5940 or your usual contact at Amorys on our email address at info@amoryssolicitors.com .
){kind=logo}
)
)
){kind=logo}
)
)
)