Assisted Decision-Making (Capacity) Act 2015

54

Review of capacity of wards who are adults

54. F69[(1) An application for a declaration under section 55(1) in respect of a ward who has attained the age of 18 years by the date of commencement of this Part may be made to the wardship court at any time—

(a) by the ward,

(b) by the committee of the ward, or

(c) with the consent of the wardship court, by—

(i) a relative or friend of the ward who has had such personal contact with the ward over such period of time that a relationship of trust exists between them, or

(ii) such other person as appears to the wardship court to have a sufficient interest in, or expertise in relation to, the welfare of the ward.]

(2) Notwithstanding subsection (1), the wardship court shall, within 3 years from the date of commencement of this Part, make a declaration under section 55(1) in respect of a ward who—

(a) F69[is 18 years or older] by that date, or

(b) reaches the age of 18 years within 2 years and 6 months from that date.

F70[(2A) In any matter before the wardship court under subsection (1) or (2)

(a) the wardship court may, in relation to that matter, extend the time period specified in subsection (2) for a declaration under section 55(1) where the wardship court is satisfied that—

(i) good reason has been shown as to why that time period will not be met, and

(ii) it is in the interests of justice to do so, and, where the court so extends the time period, subsection (2) shall thereafter be construed accordingly in relation to that matter,

(b) the time period of any extension granted under paragraph (a) shall, subject to paragraph (g), be such period as the wardship court considers necessary and proportionate in the circumstances of the case,

(c) the wardship court may extend the time period granted under paragraph (a) where the wardship court is satisfied that—

(i) exceptional circumstances have been shown as to why a further extension of time will be required, and

(ii) it is in the interests of justice to do so, and, where the court so extends the time period, subsection (2) shall thereafter be construed accordingly in relation to that matter,

(d) the time period of any extension granted under paragraph (c) shall, subject to paragraph (g), be such further period as the wardship court considers necessary and proportionate in the circumstances of the case,

(e) the wardship court may discharge, or, subject to this subsection, vary on such terms as it considers fit, any order made under paragraph (a) or (c) at any stage,

(f) where the ward has not participated in the making of an order under this subsection, he or she shall be notified of the making of any such order as soon as practicable after its making, and

(g) any extensions of time granted in respect of any matter by the wardship court pursuant to this subsection shall not exceed an overall time period of 18 months or extend beyond 25 October 2027, whichever is the earlier.]

(3) Where a ward reaches the age of 18 years after the period specified in subsection (2)(b), the wardship court shall, within 6 months of the ward reaching that age, make a declaration under section 55(1) in respect of the ward.

F70[(3A) In any matter before the wardship court under subsection (3)

(a) the wardship court may, in relation to that matter, extend the time period specified in subsection (3) for a declaration under section 55(1) where the wardship court is satisfied that—

(i) good reason has been shown as to why that time period will not be met, and

(ii) it is in the interests of justice to do so, and, where the court so extends the time period, subsection (3) shall thereafter be construed accordingly in relation to that matter,

(b) the time period of any extension granted under paragraph (a) shall, subject to paragraph (g), be such period as the wardship court considers necessary and proportionate in the circumstances of the case,

(c) the wardship court may extend the time period granted under paragraph (a) where the wardship court is satisfied that—

(i) exceptional circumstances have been shown as to why a further extension of time will be required, and

(ii) it is in the interests of justice to do so, and, where the court so extends the time period, subsection (3) shall thereafter be construed accordingly in relation to that matter,

(d) the time period of any extension granted under paragraph (c) shall, subject to paragraph (g), be such further period as the wardship court considers necessary and proportionate in the circumstances of the case,

(e) the wardship court may discharge, or, subject to this subsection, vary on such terms as it considers fit, any order made under paragraph (a) or (c) at any stage,

(f) where the ward has not participated in the making of an order under this subsection, he or she shall be notified of the making of any such order as soon as practicable after its making, and

(g) any extensions of time granted in respect of any matter by the wardship court pursuant to this subsection shall not exceed an overall time period of 18 months.]

Annotations

Amendments:

F69

Substituted (26.04.2023) by Assisted Decision-Making (Capacity) (Amendment) Act 2022 (46/2022), s. 43(a), (b), S.I. No. 194 of 2023.

F70

Inserted (31.03.2026) by Assisted Decision-Making (Capacity) (Amendment) Act 2026 (8/2026), s. 1(a), (b), commenced on enactment.