What happened
When the Act commenced in April 2023, no new adult wards could be made, and the High Court was required to review every existing adult ward within three years. Each review asked the modern question — what can this person decide, with what support? — and discharged the ward from wardship accordingly: some to full autonomy, some with a co-decision-making arrangement, some with a decision-making representative appointed for the decisions they cannot make. Funds held in wardship were dealt with as part of discharge.
If your family member was a ward
- Know the discharge terms — which arrangement (if any) now applies, who holds which decisions, and where the order is: the paperwork matters every time a bank or hospital asks who can act
- Former committee members — your old authority ended with wardship; acting on it now has no legal basis. If you're the natural person to act, that's a DMR appointment, not a habit
- Funds and property — check where wardship funds landed and under whose control; loose ends here surface at the worst moments, typically mid-transaction
- Reviews continue — new arrangements carry DSS reporting and court review; diary the obligations rather than discovering them
The unfinished edges
Discharge reviews prioritised throughput, and some outcomes fit imperfectly — orders scoped too narrowly for a later transaction, arrangements that assumed circumstances which have since changed, or families who never fully understood what was ordered. All of that is fixable: the Circuit Court can vary arrangements, and a well-prepared application beats years of working around an ill-fitting order. If a property sale or Fair Deal application is approaching for a former ward, check the authority now — before the transaction exposes the gap.
How our fees work
You get a fixed quote in writing before any work starts — no hourly-rate surprises. If the scope changes, the quote is revised in writing before we continue. In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. How costs work in capacity matters →
Frequently asked questions
Are there still wards of court in Ireland?
No new adult wards can be made, and existing adult wards were reviewed for discharge under the Act's three-year review process. (Minors remain subject to separate jurisdiction until 18.) Adult wardship as a system is closed.
I was my mother's committee. Can I still manage her money?
Not on the strength of the old committee appointment — that authority ended with wardship. If she cannot manage even with support, the route is a decision-making representation order; if she can decide jointly, co-decision-making. Acting without authority, however benignly, creates exactly the problems the review was meant to end.
Where did the wardship funds go?
Funds previously held for wards were addressed at discharge — released, or brought under the new arrangement's control, depending on the outcome. If your family isn't certain where things stand, that's worth resolving deliberately rather than at the next transaction.
Talk to a solicitor who works with families through capacity law every week. Call Mary Molloy Solicitors today.
Whether you are planning ahead, facing a capacity application, or simply unsure which arrangement your family needs, an early conversation costs little and prevents a lot.
📞 Call 01 5827148Try the Decision Support Pathway Finder
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