Over 130 practitioners attended a recent Bar of Ireland conference marking the commencement of the Assisted Decision-Making (Capacity) Act 2015. Delegates heard from a panel of legal experts, academics and from those on the front line of the forthcoming service.
High Court: Solicitors fail in application to come off record following concerns about client’s capacity mid-trial
The High Court has refused an application to come off record which was brought by the solicitors acting for an elderly woman in a dispute regarding a will. The woman claimed that she was entitled to benefit from a deceased’s estate as they had co-habited for more than 30 years. However, concer
Community Law & Mediation has launched two guides in partnership with Family Carers Ireland to mark the commencement of the Assisted Decision-Making Capacity Act 2015. The two guides, A Guide on the Legal Aspects of Caring and A Practical Guide for Family Carers on The Assisted Decision-Making C
The wards of court system will come to an end today with the long-awaited commencement of the Assisted Decision-Making (Capacity) Act 2015. A core principle of the new Act is that all persons have the presumption of capacity and should be supported to make their own decisions as far as is possible.
Ireland's controversial wardship system will finally come to an end in April 2023, the government has said. Roderic O'Gorman, the minister for children, equality, disability, integration and youth, and Anne Rabbitte, the minister of state for disability, have confirmed that 26 April 2023 has been se
Emma Slattery BL explores the changes made to the new Assisted Decision-Making (Capacity) (Amendment) Act 2022 as it made its way through the Seanad. The Assisted Decision-Making (Capacity) (Amendment) Act 2022 (Act No. 46 of 2022) was signed into law by the President on Saturday, 17th December 2022
Court of Appeal: Solicitor criticised for pursuing appeal on behalf of ward of court without authority
The Court of Appeal has dismissed an appeal which was brought by a solicitor purporting to act on behalf of a ward of court. The court held that the legal practitioners did not have any lawful authority to pursue the appeal after the man had been brought into wardship, which related to the costs of
The High Court has admitted a man suffering from bipolar affective disorder to wardship despite conflicting medical evidence on his capacity. The man was being kept in a residential placement but had acted in a violent and sexually inappropriate manner with staff while having a poor record of taking
The Assisted Decision-Making (Capacity) Act 2015 is due to be commenced on the 21st November 2022. The recent High Court decision in Re JD  IEHC 518 highlights the important changes to capacity assessments that will be required under that Act, and how consultants are already choosing to carry
Gary Lee, the former head of Ballymun Community Law Centre, has joined the Office of the General Solicitor for Minors and Wards of Court. Mr Lee joins the office as a solicitor weeks after he announced his departure as managing solicitor of the law centre.
High Court: Next friend must bear costs of litigation of woman who was found to lack capacity mid-trial
The High Court has rejected an application by a woman’s legal representatives that her estate should bear the costs of unsuccessful litigation after she was found to lack capacity to give instructions during trial. The lawyers stated that they could not find a next friend who was willing to ac
The High Court has admitted an 89-year-old woman into wardship after her son failed to properly care for her significant personal needs and took out €87,000 from her bank account without authority. The woman was suffering from an acquired brain injury and dementia, requiring 24-hour care. Deliv
Legal aid will be provided for issues relating to capacity under the new regime coming into force this summer, the government has said. The Assisted Decision-Making (Capacity) (Amendment) Bill 2022, which was published last week, will make a number of changes to the Assisted Decision-Making (Capacit
Ciara Dowd BL examines the government's proposed changes to Ireland's landmark new capacity legislation. The deadline for the commencement of the Assisted Decision-Making (Capacity) Act 2015 has been set for this summer. However, it is due some significant amendments.
Ciara Dowd: Coercive treatment for anorexia can be withdrawn in best interests of ward even if they may die
Ciara Dowd BL reports on a recent judgment exploring wardship, involuntary treatment and best interests, wherein Ms Justice Niamh Hyland ultimately decided to make orders withdrawing coercive treatment in circumstances where such withdrawal is likely to mean Ms A will die. The High Court has made or