Assisted Decision-Making and the end of Wardship: appeal to be heard by the Supreme Court

A recent Irish Times report on 30 June 2026[1] noted that the Supreme Court is due to hear an appeal that may be significant for Wards of Court awaiting discharge. For many individuals and families, that is not just a legal story. It goes to the heart of a very practical question: who makes important decisions when a person needs support, and how can their own wishes still be taken into account and respected?

In Ireland, the old Wardship system is being replaced by a new rights-based approach under the Assisted Decision-Making (Capacity) Act 2015 (‘Act’). The new framework is designed to provide support for decision-making, tailored to the person’s needs and the specific decision involved.

Under the new Act capacity is not always all-or-nothing. A person may be able to make some decisions independently, may need help with others, or may need support only at certain times. The law places greater emphasis on the person’s will and preferences, rather than simply asking what others think is best for them.

The upcoming Supreme Court appeal reported by The Irish Times appears likely to be important because there are still people who remain within the old Wardship system while awaiting transfer or discharge into the new regime. For those individuals and their families, delays and uncertainty can affect major issues such as:

• medical treatment decisions
• care arrangements and place of residence
• management of money and property
• personal autonomy and day-to-day choices

The new assisted decision making framework is there to support a person to participate in decisions about their own life for as long as possible, rather than excluding them from those decisions unnecessarily.

Depending on the circumstances, the law allows for different levels of support, including a decision-making assistant, a co-decision-maker, or a decision-making representative where more formal intervention is needed. The aim is to use the least restrictive option that is appropriate in the person’s situation. The High Court will decide which level of support is required for those being discharged from Wardship and make an order to that effect. Once the High Court makes the relevant order, the appointed decision-making representative then links in with the Decision Support Service, which oversees the new assisted decision-making system maintains relevant panels and registers, and provides an added layer of guidance and oversight as the person moves out of the old Wardship model.

For families dealing with the aftermath of a catastrophic injury, acquired brain injury, dementia, intellectual disability, or another condition affecting decision-making, these legal changes can feel complex. They also often arise at an already stressful time. There are many issues to be considered for example in respect of capacity, medical evidence, court applications, and future care planning, these decisions can all become urgent very quickly.

Decisions about compensation, medical treatment, rehabilitation, accommodation, and long-term care may all overlap with the person’s legal capacity and the supports they need. Clear advice at an early stage can help protect both the person’s rights and their practical interests.

The developing case coming before the Supreme Court is worth watching, especially considering this is a relatively new area of law. Hopefully, the decision will provide further guidance on how the transition from Wardship should operate in practice, how a person at the centre of the application should be legally represented and on who is deemed an appropriate person to assist them with decision making.

(Note: The original Act aimed to discharge all existing Wards by 26 April 2026, the Assisted Decision-Making (Capacity) (Amendment) Act 2026 allows the High Court grant individual extensions of up to 18 months, with a strict final deadline of 25 October 2027).

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com if you would like more information.

*“In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.”

[1] Supreme Court to hear appeal potentially significant to wards of court awaiting discharge – The Irish Times