Amendment extends time for discharge of Wards of Court by 18 months

Sage Advocacy has expressed concern about delays and pressures in the discharge of Wards of Court after a new law – passed this week – allows the process to be extended by up to 18 months.

Under the Assisted Decision-making (Capacity) Act (ADMCA) which commenced in April 2023 – all Wards of Court were to be discharged from Wardship by April 2026. However, this process is taking longer than expected – with just 20% discharged up to last February.

A new 2026 Amendment to ADMCA, signed by the President this week, allows the High Court to extend the time within which people who are Wards of the High Court are reviewed and discharged on a case-by-case basis. 

Sage Advocacy is the National Advocacy Service for Older People and Survivors of Institutional Abuse. Its Legal Support Unit Lead Martina Larkin cautioned any unnecessary delay in the process, but also cautioned against any dilution or compromise to the processing of the remaining Wards.

“The Amendment means that many people will be held in the Wardship system for 18 months longer than was planned in 2023. Every discharge from Wardship is a chance to establish the will and preference of that person and to respect their rights in line with the new ADMCA legislation, so there is a need for this process to be both thorough and expedient.”

Wards of Court is a system established under the Lunacy Regulation (Ireland) Act 1871 that has been found to be outdated and not in compliance with national and international human rights obligations.

Sage Advocacy notes that by the end of February 2026 that almost 400 people had been discharged from Wardship – while the remaining 80% are now to be discharged within half of that time period (the next 18 months). Ms Larkin said that Sage was also concerned at variations in practices across different Court jurisdictions in how the Guiding Principles of the ADMCA legislation are being applied.

“Sage Advocacy calls on the State to ensure that people who are existing Wards are prioritised and that the restrictions on their rights are reviewed and minimised as quickly as possible. It must ensure that all people are supported to express their will and preference and have in place least restrictive decision supports.”

Recent research from the National Disability Authority noted that approximately 1 in 8 of the people discharged from Wardship did so with no requirement for formal decision support. In other words these people were deemed to have decision making capacity and now have the right to make decisions about their own lives and to be supported to do so if necessary.

In addition, the research found that a further 1 in 10 people were deemed to require much less restrictive decision support and were discharged from Wardship to such arrangements. 

Sage Advocacy has been supporting people to have their voice heard in making decisions since commencement of the Act in April 2023. Its motto is: ‘Nothing About You, Without You’.

Note to Editor

A Ward of Court is an historic legal approach, dating back to 1871, for if a person was deemed unable to make decisions about their property, money and other affairs, because of capacity difficulties. An application was made to the High Court to consider whether a person was of ‘unsound mind’ and ‘incapable of managing their own affairs’. If a person was deemed no longer legally able to make decisions about their lives, they were made a Ward of Court. A committee was then appointed by the High Court which thereafter took full control of the person’s property, money and overall care. 

The Assisted decision-making (Capacity) Act (ADMCA) takes a very different approach to challenge with capacity. The spirit of the act is to support and encourage people to make their own decisions as much as possible, for as long as possible. New tiered decision support arrangements are available. Where there are challenges with capacity legally based arrangements can be followed, but only for specific decisions and time period as needed. The Act is about ‘assuming capacity’, least restriction and maximising people’s rights and voice as much as possible. 

Further information

Sage Advocacy can be contacted at 01 536 7330, email info@sageadvocacy.ie, or see www.sageadvocacy.ie.

Ronan Cavanagh, Cavanagh Communications: 086 317 9731 ronan@cavanaghcommunications.ie 

Sage Advocacy is the National Advocacy Service for Older People and Survivors of Institutional Abuse. It works to ensure that people have easy access to information, support, independent advocacy and safeguarding services in all settings: homes, day centres, respite facilities, congregated care settings / nursing homes, hospitals, hostels, hospices and in the process of transition between them. Sage Advocacy is fully funded from public sources, chiefly the HSE and the Department of Education, with additional funding from the Department of Justice.

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