The Department of Children, Disability and Equality has published the general scheme of legislation which proposes to amend Part 6 of the Assisted Decision-Making (Capacity) Act 2015.

The 2015 Act was commenced in April 2023 and provides that all adult wards of court should have their capacity reviewed within three years from the date of commencement, i.e. by 26 April 2026.

However, not all wards have had their capacity reviewed, with only 250 adults discharged from wardship between April 2023 and November 2025.

Of the 2,173 people in wardship in April 2023, there were still 1,602 adults in wardship (almost 74 per cent) at the end of November 2025. 

The Department says amendments to the legislation are required to remove any uncertainty for those still in wardship arrangements.

The Assisted Decision-Making (Capacity) (Amendment) Bill 2026 proposes to give discretion to the courts to extend the deadline for the making of a declaration of capacity where it has not been granted in respect of a ward by 26 April 2026.

It provides that a further extension may be granted in exceptional circumstances, but the maximum limit for any extensions is 18 months. This means that all wards of court will have a capacity declaration no later than 25 October 2027.

The bill will also give the High Court the discretion to extend the time period for making a capacity declaration for wards who will reach the age of 18 after 26 October 2025. The total limit for any such extension is 18 months.

New research published by the National Disability Authority (NDA) this week shines a light on the experiences of people who are in the process of exiting or have exited the system of wardship and who are now living independently or availing of the new supported decision-making system.

Dr Aideen Hartney, director of the NDA, said: “The journey away from wardship is a necessary one for Ireland to achieve compliance with the UN Convention on the Rights of Persons with Disabilities.

“Participants who had been discharged from wardship without formal supports were enthusiastic about their new power to make decisions for themselves.

“But this journey is one of trepidation for some families, who are concerned about assuming additional responsibilities and moving away from a system which they have relied on for many years.

“Our research — which examines the real-life experiences of those leaving the wardship system — sets out key learnings and recommendations to address these concerns and apprehensions. We hope they will help chart the path forward.”