The Gazette 1993

GAZETTE

I M N A GEM N JUNE 1993

Wards of Court - A general guideline of the procedures involved

by John Costello*

had reason for concern about a particular person.

Introduction

(ii) The report of the Judge's medical visitor can be deemed to be a petition and can be proceeded on as if it were a petition. It is usually followed by the Judge's order in open court taking the proposed ward into wardship. (B) A situation where the proposed ward's estate is not over £5,000 in value or his income does not exceed £300 per annum is:

The Wards of Court Office has approximately 2,000 cases involving wards. 50% of these cases are as a result of road traffic accidents of industrial accidents where wards have received substantial damages. Other cases involve elderly people who have been made wards by Local Authorities. However, about 30% of all cases involve people suffering from senile dementia or other illnesses which affect their mental capacity to look after their affairs. This article highlights some of the procedures involved in wardship proceedings with particular emphasis on elderly people being made wards of court. The Legislation covering wardship is the Lunacy Regulation (Ireland) Act 1871 ("The Act") ánd the Rules of the Superior Courts ("RSC") Appendix "K" of the Rules sets out precedent forms to be used in wardship matters. Order (67) deals with the wardship procedure and Order (67) Rule (1) sets out some definitions: (a) A ward is a person who has been declared to be of unsound mind and incapable of managing his person or property. (b)A respondent is a person alleged to be of unsound mind and incapable of managing his person or property in respect of whom wardship proceedings have been instituted. (c) The Registrar means the Registrar of the Wards of Court Office. (d) Next of kin shall mean and include the person or persons, who, if the respondent or ward died intestate, would be entitled

(i) governed by S.68 1871 Act, and

John Costello to a share of his estate under the Succession Act, 1965.

(ii) Order 67 Rules 2 1 - 30 apply.

(C) A situation where a person is of weak mind and temporarily incapable of managing his affairs is: (i) governed by S.103 of 1871 Act, and (ii) Order 67 Rules 31 - 37 apply.

. . .30% of all (wardship) cases involve people suffering from senile dementia or other illnesses which affect their mental capacity to look after their affairs. Order (67) also deals with the appointment of a committee who is the person who manages the ward's affairs and has responsibility for the care of the Ward.

(D) In the majority of cases the following procedure applies:-

(i) Medical Reports:

Generally, a solicitor is contacted either by a social worker or member of the proposed ward's family, with a view to discussing wardship. The first step is to obtain two medical reports from two medical practitioners, usually on oath. Reporting on the health of the proposed ward. The reports should specify the particular medical condition from which the person is suffering e.g. - brain haemorrhage, Alzheimer's disease, senile dementia etc. and whether

(e) The Judge means the President of the High Court.

Originating Procedure

(A) For urgent cases or where for some reason a petition cannot be presented, or to minimise costs, section 12 of the 1871 Act will apply (known as a S.12 inquiry): (i) The Judge directs his medical visitor to examine any "alleged lunatic" following a report by a solicitor who

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