The Gazette 1993

GAZETTE

GEM N

JUNE 1993

Wards of Court - A general

guideline of the procedures involved

by John Costello*

Introduction

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

John Costello

to a share of his estate under the

Succession Act, 1965.

. . .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.

(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

had reason for concern

about a particular person.

(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:

(i) governed by S.68 1871 Act,

and

(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.

(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

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