Dáil Éireann Debate, Thursday - 30 March 2023
18. Deputy Robert Troy asked the Minister for Children, Equality, Disability, Integration and Youth his views on the use of the ward of court process when vulnerable persons are transferred to long-term nursing home care. [6614/23]
View answerWardship is a disempowering system that places a third party’s assessment of a person’s “best interests” above that person’s own will and preference.
The Government is committed to the abolition of wardship and to replacing it with a more person-centred and rights-based model. The Assisted Decision-Making (Capacity) Act 2015 changes the existing law on capacity from the status approach of the wardship system to a flexible approach, whereby capacity is assessed on an issue and time-specific basis.
The Assisted Decision-Making (Capacity) (Amendment) Act 2022 was signed into law on 17 December last, and paves the way for the commencement of the Assisted Decision-Making (Capacity) Act 2015. Commencement of the 2015 Act will abolish the wards of court system for adults by repealing the Lunacy Regulation (Ireland) Act 1871. The amending legislation also improves safeguards under the 2015 Act, and will streamline processes to make them more accessible for those relying on its provisions.
Under the new legislation, certain decision supporters will be entitled to make personal welfare decisions, including accommodation decisions, but will not be entitled to act in a manner that is manifestly contrary to a person's will and preference.
Adults currently in wardship will transition to the new decision-making support arrangements on a phased basis over 3 years from the date of commencement. Wardship will be replaced by a new model of tiered decision-making supports for persons lacking capacity, ensuring that such persons have the necessary assistance to make important everyday decisions.
The commencement of the Assisted Decision-Making (Capacity) (Amendment) Act 2022, and the Assisted Decision-Making (Capacity) Act 2015, will happen on 26 April, and at that point wards of court can make applications to have their wardship case reviewed, and will be able transition to the new arrangements being provided for.
