In the Matter of HM [A Ward of Court] (Approved)

Factual and Procedural Background

This opinion concerns an application brought under section 55 of the Assisted Decision-Making (Capacity) Act 2015 ("the 2015 Act") regarding the discharge of the Respondent from wardship. The Respondent, born in 1934, has been under wardship since October 2017 and currently resides in a nursing home since February 2016. The General Solicitor acts as the Respondent's committee and initiated the application by motion in September 2023. The Respondent is a single lady with no immediate family. Correspondence about the application, including explanatory material, was sent to the Respondent and the nursing home management. Medical and social assessments were conducted to determine the Respondent’s decision-making capacity in relation to health, welfare, and financial matters.

Legal Issues Presented

1. Whether the Respondent retains capacity to make decisions independently in areas of health, personal welfare, and property and financial affairs.
2. If the Respondent lacks capacity, whether this incapacity persists even with the assistance of a suitable co-decisionmaker.
3. Whether it is appropriate to appoint a decision-making representative (DMR) for the Respondent and the scope of such appointment.
4. What orders should be made concerning the Respondent’s discharge from wardship and the management of her affairs.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The court’s analysis focused on the statutory framework of the 2015 Act, particularly section 55, which requires the court to declare whether the relevant person (the Respondent) lacks capacity in specified decision-making areas and whether such incapacity persists despite assistance from a co-decisionmaker. The medical evidence, provided by a Consultant Psychiatrist, established that the Respondent suffers from severe, enduring chronic schizophrenia and physical health conditions, leading to a persistent lack of capacity. The psychiatrist's functional assessment showed the Respondent’s inability to understand, retain, use, or communicate information relevant to decisions about health, welfare, and finances. An independent social worker’s report corroborated these findings, noting advanced dementia and incapacity to comprehend the assisted decision-making process. The Respondent expressed no objection to the appointment of a DMR and no insight into her health or welfare needs. The court considered the statutory obligations on a DMR to facilitate participation by the Respondent and to consider the views of carers and healthcare professionals. Given the evidence, the court concluded that the Respondent lacks capacity even with co-decisionmaker assistance and that appointment of a DMR is appropriate.

Holding and Implications

The court DISCHARGED the Respondent from wardship pursuant to section 55(5)(b) of the 2015 Act and appointed Mr F as Decision-Making Representative (DMR) for all areas covered by the Act, namely personal welfare and property and affairs decisions. The DMR is authorized to manage the Respondent’s assets, including pensions and payments, and to protect her rights concerning her residence. The court ordered reporting restrictions and specified that the DMR shall not be reimbursed from the Respondent’s assets for expenses or remuneration. A capacity review by the Circuit Court is to take place no later than three years from the order date. No order for costs was made. The decision enables the Respondent’s exit from wardship while ensuring appropriate support and management of her affairs, without establishing new legal precedent.