Will & Probate

When someone lacks an Enduring Power of Attorney and loses mental capacity, the High Court may intervene to protect their interests. This process, known as Wardship, involves:

• High Court Protection: The High Court takes responsibility for managing the individual’s affairs, including financial decisions and personal welfare.
• Assets Protection: The Ward’s assets are safeguarded under the oversight of the High Court. Financial decisions must receive court approval, and assets are typically managed by the Wards of Court Office in Dublin.
• Application Process: A family member or appointed representative (known as “the Committee”) initiates the Wardship application. They file a Petition detailing the Ward’s assets, liabilities, and family relationships.
• Medical Assessment: Two doctors provide affidavits confirming the Ward’s lack of mental capacity. An independent medical practitioner appointed by the Wards of Court Office evaluates the Ward’s condition to support the application.
• High Court Hearing: After medical evaluation, the application proceeds to a High Court hearing. If the court approves the Wardship, the individual becomes a Ward of Court, and all decisions regarding their affairs must involve the Wards of Court Office.
• Committee Role: The Committee, appointed by the family member or representative, engages with the Wards of Court Office to oversee and discuss the Ward’s affairs.