John O'Mahony
Question:131 Deputy John O’Mahony asked the Minister for Justice and Law Reform the cost of appeals to have rulings on wards of court appealed; and if he will make a statement on the matter. [45571/10]
View answerWednesday, 1 December 2010
Questions (129)
Written answers
There are a number of options available to a person declared a ward of court. He or she can apply to have that decision reversed by an appeal to the Supreme Court. A Petition for Traverse (an application to rescind an order of wardship) may also be brought. A ward of court may also apply to be discharged from wardship on recovery and to be remitted to the management of his or her own affairs. The Deputy will appreciate that these are matters vested in the High Court and it is not open to me to give legal advice.
The cost of taking an appeal case to the Supreme Court will vary from case to case having regard, in particular to the nature and complexity of each case. The court fees applying to particular court actions and proceedings are provided for under a number of Court (Fees) Orders made, with the consent of the Minister for Finance, under section 65 of the Courts of Justice Act 1936. The relevant Court (Fees) Orders are available on the Courts Service website, www.courts.ie. The Mental Capacity Bill, drafting of which is well advanced, will provide for major changes in the law in relation to mental capacity and the wards of court system.