Callinan Murphy can provide advice and assistance in relation to Wards of Court and making applications to have a person made a ward of court. (Please note that the law is changing in relation to this area The Assistant Decision-Making (Capacity) Act, 2015 needs to be considered).
• A Ward of Court is a person who, due to mental incapacity, is unable to manage his or her own affairs.
• Application to Court: Where a person is so incapacitated, an application can be made to the Court to have that person made a ward of court. The Application is referred to as the Petition. Medical reports from two independent doctors must be produced and these must state that the person is of sound mind. Sometimes the court will appoint an independent doctor to report also in this regard. It is possible for any person to object to such an application and the Court will hear such an application. The High Court will then make its decision.
The application is normally made by a member of the family of the said person.
If the application is successful, the court will appoint a committee to deal with the affairs of the person (this committee then works with the Wards of Court Office into the future to manage the affairs of the incapacitated person).
• If Under 18 years of age: In specific situations, such a person can be made a ward of court.
• The Assets of the Ward are thereafter controlled by the Court (working with the Committee). The assets will be used for the benefit of the Ward (and their dependents, if any).
• The Wardship may end if the Registrar of the Wards of Court is convinced (on an application made) that the Ward is no longer of unsound mind.
• If the Ward dies, the Wards of Court Office will work with the Committee to do a list of assets and liabilities. Thereafter, the estate will be distributed in accordance with the will of the ward (if there is one) are in accordance with the laws of intestacy
