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What Does a Ward of Court Mean in Ireland?

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A Ward of Court is described as a term that is generally used for an individual of whom the Ireland courts deem that he is unable to look after his personal affairs or someone who has appointed anyone to manage his personal affairs on his behalf.

A person can be made this because of two main reasons:

• Small age

• Mental incapacity

If any individual is less than 18 years of his age, the court may decide and announce that he needs to become a ward of it for a specific reason, like his own protection and care.

While, on the other hand, if any adult suffers mental incapacity. He may have an enduring power of attorney document specifying who has the authority to take his life decisions on his behalf. In case, if he does not have that document he will have to contact solicitors to become Wards of Court.

New Law to be Introduced in Dublin, Ireland

The all-new Assisted Decision-Making (Capacity) Act 2012 in Ireland provides a legislative framework for individuals who need some assistance in making the right decisions regarding their;

• welfare

• property

• personal affairs

The Act also serves the persons who have been recently brought into any Wardship type under this new legislative framework to have checked their mental capacity. However, these parts of the Capacity Act have still not come into practical operation.

Types of Wardships or Wards of Court

Generally, they are of two basic types

1. Minors - Being small children who are under the age of 18 years and require the Court’s protection

2. Adults – Who are designated as the Wards due to some mental incapacity or inability to manage their personal affairs, especially those individuals who are unfortunately suffering from Alzheimer’s disease or Dementia.

However, by far the most cases and applications filed in top law firms Dublin are of adults who have diminished capacity to manage themselves due to some severe illness.

How can a minor become a Ward of Court?

Whenever an individual who is under the age of 18 years gets awarded some compensation for any damages, the amount of money either gets paid into the court or is invested on the minor’s behalf anywhere until the minor reaches the age of 18. That is why children coming under this category are not designated as Wards of Court.

However, if in case a minor has some special housing care needs, then they may thus be taken into Wardship of anyone as a minor.

Moreover, if in case a house is specially bought for a minor under his registered name, then when they reach the age of 18 years and possess mental capacity enough to handle their personal matters and affairs smartly. Then they can apply to the high courts of Ireland through top law firms Dublin for payment of any funds reserved on their behalf.

How can an adult become a Ward of Court?

The vast majority of Wardship applications claimed by adults are usually concerned with mental incapacity due to any severe illness. However, an important thing in such cases is an enduring power of attorney document.

if you know someone who is incapable of managing his personal affairs appropriately, then check if that person possesses any enduring power of attorney document or not. That document precisely states the name of the person who can take decisions in place of that ward.

In case, if such a person does not have an enduring power of attorney document, then you should contact a reliable solicitor on his behalf to start the process of making him the Ward. Nowadays there are several top law firms Dublin like Lawlor Kiernan Solicitors. There, the professional and experienced solicitors provide their legal assistance and services regarding the application procedure of becoming a “Wards of Court.” 


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What Does a Ward of Court Mean in Ireland?

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Part of the Ideas collection

Published on October 12, 2021

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