In The Matter of B.H., A Ward of Court and In the Matter of an Application pursuant to Section 55 of the Assisted Decision-Making (Capacity) Act 2015 (As Amended) (Approved)

Factual and Procedural Background

The matter concerns an application pursuant to section 55 of the Assisted Decision-Making (Capacity) Act 2015 (as amended) regarding a female respondent born in the 1960s with an intellectual disability. She was admitted to wardship in December 2003 and has been living in long-term residential care since 2002. The General Solicitor acts as committee of her person and estate, with her brother subsequently joined as joint-committee of her person. The application seeks to determine her capacity to make decisions concerning her personal welfare and property and affairs, and whether she should leave wardship with the appointment of a decision-making representative (DMR).

The application was supported by sworn affidavits and medical evidence, including a report from a consultant psychiatrist. The respondent participated in the hearing remotely. Notice of the application was served personally on the respondent and her brother, as well as on the residential care service responsible for her care.

Legal Issues Presented

1. Whether the respondent lacks capacity to make decisions regarding her personal welfare and property and affairs.
2. If the respondent lacks capacity, whether she can be assisted by a co-decision-maker to make such decisions.
3. Whether the respondent lacks capacity even with the assistance of a co-decision-maker, necessitating the appointment of a decision-making representative under the 2015 Act.
4. The appropriate orders to be made concerning the respondent's discharge from wardship and the appointment and powers of a decision-making representative.

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 carefully considered the written evidence, including affidavits and a detailed medical report from a consultant psychiatrist who assessed the respondent's capacity. The psychiatrist opined that the respondent lacks capacity to make complex decisions relating to her health, welfare, and finances, even with the assistance of a co-decision-maker, due to the degree of her intellectual disability. This medical opinion was uncontested.

The court also reviewed evidence of proper service and explanation of the application to the respondent, who did not object and expressed contentment with the proposed appointment of her brother as decision-making representative. The court took into account the statutory framework under the Assisted Decision-Making (Capacity) Act 2015, including the obligation on the DMR to encourage the respondent's input and consider the views of those with a bona fide interest in her welfare.

Additional evidence from an independent social worker confirmed the high quality of care and the respondent's good quality of life in her residential setting. The court found the evidence sufficient to declare that the respondent lacks capacity even with assistance and that appointment of a DMR is appropriate.

Holding and Implications

The court DISCHARGED the respondent from wardship under section 55(5)(b) of the Assisted Decision-Making (Capacity) Act 2015.

The court appointed the respondent's brother as decision-making representative in relation to personal welfare and property and affairs, authorising him to manage her assets, receive her disability allowance, and protect her interest in property, subject to statutory obligations including accounting to the director of the decision support service and restrictions on reimbursement of expenses.

The respondent's capacity is to be reviewed by the Circuit Court no later than three years from the date of the order. The decision does not set new precedent but directly affects the management of the respondent's affairs, enabling her to leave wardship while ensuring continued support for decision-making.