Applying for a Ward of Court
A Ward of Court application is an application to the High Court to appoint a person known as a committee with respect to somebody who has lost capacity. If an elderly person is suffering for example from dementia or Alzheimer’s and no longer has the mental capacity to manage their affairs we will call that person a Ward. If that person does not have a pre-existing Enduring Power of Attorney then the only system in Ireland whereby somebody can sign for that person or act on their behalf is through a procedure known as the application for wardship or the Ward of Court procedure. The procedure involves an application to the High Court to have somebody be appointed over the Ward’s affairs and that person is known as a committee. The person who is normally appointed over the Ward’s affairs would normally be a close relative or if there is no close relative a close friend or neighbour who has been assisting or helping out the Ward in their latter years.
Wardship is not solely confined to elderly persons and for anybody whose intellectual capacity is permanently diminished is a candidate for wardship and wardship can apply in a wide variety of circumstances. Normally Solicitors deal with wardship dealing with elderly clients who do not have in place any arrangement where another person can sign for them. As part of the application for wardship the Ward must be examined by two medical practitioners. It is preferred by the High Court that one of these will be a Consultant Geriatrician or a Consultant Psychiatrist. Once the two medical certificates are obtained an application is made to the High Court by the committee and in that application they set out who are the nearest relatives to the Ward, the assets and liabilities of the Ward and the reason for the application to the High Court. Normally the application is made so that assets can be sold to fund nursing home care. It is important that all close relatives are informed with the procedure and then there is an ability within the procedure for close relatives to object to the application for wardship or to make observations if they feel that there is something inappropriate about the nature of the application being made.
The Order with respect to wardship is not automatic and must be made before a Judge of the High Court. The Judge of the High Court must be satisfied that the person does lack capacity on a permanent basis and that the circumstances surrounding the application to wardship are legitimate and warrant a wardship application. Where previously these applications were made in the High Court in physical sittings in Dublin these are now made online.
Once an Order has been made in the High Court the Order is served on the Ward and at that point then the assets of the Ward will come under the supervision of the High Court. An Officer of the High Court is appointed and directions are obtained from the Officer as to how the Ward’s affairs are to be managed. The Solicitor’s costs in applying for wardship are taken from the Ward’s funds and tend to be paid once the funds are lodged to the High Court or by means of a direction made by the Officer of the High Court.