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THE IRISH WARD of court system is inadequate and archaic, leads to confusion – and has meant some older people are being made wards so that their assets can be accessed for the Fair Deal scheme.
That’s according to the National Safeguarding Committee (NSC), which has published a new report on the Wards of Court regime, which dates back to the 19th century.
It is calling for the Assisted Decision-Making (Capacity) Act 2015 to be urgently commenced as a result.
There are almost 3,000 wards, with total assets of over €1 billion, in the country.
According to the report, which is a review of current practice in the use of wardship for adults in Ireland, there is “substantial public confusion and lack of understanding around the wards of court system”, and “it relies too much on the integrity of family members and professionals”.
The report also points out that there is no system of review or appeal for wards (and non-wards) who are the subject of de facto detention, like voluntary patients of psychiatric units who are detained in the same circumstances as involuntary patients; older persons who are placed in nursing homes against their will; persons with intellectual disabilities who are placed in congregated settings and institutions against their will.
The NSC, which promotes the rights of adults who may be vulnerable, says that the guiding principles in the 2015 Decision-Making (Capacity) Act should be commenced immediately.
These principles identify relevant human rights obligations and the need to respect the right of a vulnerable person to dignity, bodily integrity, privacy, autonomy and control over his or her personal affairs.
It explains that under the current system, a court steps in and acts as agent for an person who is deemed by the court to lack capacity to make decisions for himself or herself.
Speaking at the launch of the report today, Áine Flynn, Director of the Decision Support Service, said that though the 2015 act is “imperfect”, it has some deficiencies but gets some things right. She said she looked forward to the day the word “lunacy” is not used in Irish courts.
The Honourable Mr Justice Peter Kelly, the President of the High Court, who was also at the launch, said that he has not used the phrases “lunacy” or “idiot” in his own court.
Patricia Rickard-Clarke, Chair of the NSC, said that the wards of court system “has no place in the 21st Century”.
Barrister Kate Butler, one of the report authors, said that they talked to people who were former wards or representatives of wards, and that they were told “the voice of the ward wasn’t fully represented or acknowledged”.
“I think that’s really the key message that we were getting from people, and we tried to articulate in the report,” she said.
Rickard-Clarke gave the example of a person with dementia who can articulate and their wishes are not taken into account. She also said that many people don’t appear in court in connection with their case.
But Mr Justice Kelly said: “There is no order of the court, no rule of court, or nothing that prevents a person appearing in court. It’s an open door as far as I am concerned.” He said people don’t tend to appear out of practice, but as far as he is concerned, it is an open door for them.
He gave the example of one elderly woman who had appeared before him in court, but a medical practitioner did not believe she had, and thought she was confabulating. It was only when she appeared before Mr Justice Kelly that he was able to prove she had appeared before him.
A person is usually made a ward following an application by a family member, the person’s own solicitor or the Health Service Executive (HSE). This may be because they – for example – have dementia, an acquired brain injury, or an intellectual disability.
In 2016, 311 declarations of wardship were made, of which 289 were adult declarations of wardship. Of those, 234, or 81%, were admitted to wardship due to dementia and age-related illness, says the report.
Mr Justice Kelly said that in his own case, he has put together a small panel of doctors and social workers who carry out spot checks without notice of wards who are in nursing homes. He said this had resulted in some positive results for people involved.
Today’s report says there “should be a presumption that a person has capacity to make decisions until an inquiry finds that a person lacks such capacity”. It says there should also be a customer charter to deal with representatives of wards, and a transparent complaints process.
The report authors also note that they believe it would it be appropriate for wards to have separate legal representation, which they believe is important because up to now this hasn’t been the case. They are concerned that sometimes people might be open to exploitation, and were glad to see the General Solicitor acknowledging that it would be appropriate to have separate legal representation.
They found that in one case, a former ward – a young woman with a learning disability – wrote to the Office of the Wards of Court and asked for the legal documentation related to her wardship.
The Office of the General Solicitor for Minors and Wards of Court declined, because they said it “may be difficult to understand” and they thought it would be “inappropriate” to give her a copy of it.
The report also details how a consultant told the authors he has seen assessments “executed at 8am in the morning, while the patient is lying in bed, even though there is research which shows that people are drowsier when lying in bed”.
In another case, a former ward was invited to a multidisciplinary meeting (which is unusual in itself), but discovered that the meeting had started without her.
The report found that
Based on all of this, the paper makes a number of recommendations:
Rickard-Clarke said there is “too much reliance” on the ward of court system to protect vulnerable adults, when very often a much less drastic intervention would be much more appropriate.
“For example, individuals are made wards of court in order to be able to access their funds for the Fair Deal nursing home scheme. This is unacceptable,” she said.
The report calls on the HSE and hospitals to review their practice of using wardship as a way of accessing a person’s funds for payment of nursing home care.
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Mehole hasn’t been invited yet, fairly presumptive of him to keep banging on about his big Washington visit whe he hasn’t even been invited. Can’t see Trump letting him through the door.
@qffaffaf affrafrfraf: it’s a standing invitation. Dont get your hopes up, boyfriend!
President Trump is welcome to Ireland any time, he doesn’t need an invite from that baldy waste of skin
Hilarious to see the left meltdown if this happens. However I can’t see Trump visiting a country that attacks Christianity and discriminates against Irish people. A big change in Government rhetoric needed before the Americans are friends with us again. We live in a heavy handed Marxist Police state where building a home on your own land is illegal and they are trying to make certain forms of speech illegal. Time to wake up Ireland.
@Adam H2022: “Marxist police state”? If you actually believe that then seek an urgent meeting with your GP
@Johnny Wilson: Lol, Enoch Burke has had 41 high court orders pitched against him for expressing his Christian using speech. If you cant see the parallels between this and Stalins Russia then you need to seek urgent help and probably learn to read some history on how Communism got started. Idiots like you lead to millions getting killed all throughout history.
@Adam H2022: That’s not why Burke was imprisoned. If you don’t understand the basics, it might be better that you don’t call people idiots…
@Adam H2022: Comparing Ireland in 2025 to Stalin’s USSR only demonstrates how woefully ignorant and misguided you are.
Enoch Burke is no Solzhenitsyn.
@honey badger: He and his family have been viciously attacked by the state and media for having a Christian belief system plain and simple. Tides are turning anyway, Trump and German elections sign of things to come. Left won’t exist in 5 years.
@Johnny Wilson: He probably thinks his GP is working for the communist superstate and will have him sent to a reeducation camp where he won’t be allowed on the Internet.
@Brendan O’Brien: If you read the book you’d know that one of the fundamental points made in the Gulag Archipelago is that laws passed to make free speech illegal led to the death of 10s of millions of people. Are you saying that you don’t agree with the finding in that book? A Nobel prize winning book?? You lefties really are insane.
@Seamus Enright: The only re-education camps in Ireland are in the SPHE class in school. We all seen what you lefties have got on the curriculum. Not fooling anybody. Disgusting.
@Adam H2022: You’re willing to compare the murder and imprisonment of millions of people to the jailing of a fanatical crank for refusing to obey a court order, after basically being suspended over his lack of good manners and respect for pupils and teachers?
Where are all the state murders? Where is the torture? Where are the labour camps? If you believe that they are coming down the tracks in this country, you have quite the imagination.
@Adam H2022: “Enoch Burke”. Grown celebate man lurking around school gates with a bag and a long coat.
@Brendan O’Brien: You clearly haven’t grasped the concepts in the book. It states that anti free speech laws set the stage for terrible things to happen, and they did. You seem to be in denial about that to some degree? Do you think you know better than a Nobel Peace prize winner? Geniune question.
@Adam H2022: What ‘anti free speech’ law are you talking about? Can you back up what you’re saying with specific reference to anything in Solzhenitsyn’s writings (he did write more than one book)?
@Brendan O’Brien: Helen McEntee has been trying to get hate speech made criminal for years now, not sure what rock you have been living under. He wrote several books. The words misinformation, disinformation are referenced throughout. He was imprisoned for ‘Anti Soviet Agitation and Malicious Slander against the state’. This is is exactly what happened to Enoch for speaking out against left wing extremism in our school system. Part of the far left doctrine in this case is the LGBT cult ideology that is being forced on children. You can lie to yourself all you want and say he was arrested for standing outside a gate but anybody with half a braincell can see the bigger picture.
@Adam H2022: Enoch Burke and his ilk are ever the victims in society.
They blame everyone but themselves for troubles they started, stirred, and then let stew.
People need to learn to leave well enough alone and keep their noses out of stuff that is not their business, namely other people’s livelihoods and decisions.
Excellent opportunity for us to show what we think of somebody who can only see the world in terms of capital.
Good to see MM acknowledge who his new boss is.
Irish media really need to stop giving airtime to far left politicians. They aren’t in government and nobody voted for them. Stop it now.
In fairness Langer is already in government with a convicted criminal in Lowry, his former boss bbbbbbbbbbbbertie is one of the biggest con jobs this country has ever seen and FF literally committed economic treason when they handed this country over to the IMF to protect their banker and developer mates…….So why are people so shocked that a lad who has repeatedly lied about going into government with FG before an election, who lied and whos party got caught lying and breaking rules during covid, and also who openly lied and told us all the bailout never happened. But amazingly the clueless folk who voted him and FFG back in would be shocked he wouldnt invite trump over for a visit, Did anyone miss the amount of times leaky Leo was playing host to the likes of Saudi Arabia and sorts who are bombing places like Yemen out of existence….yet there was no outrage from the media or the voters. I swear this country has a serious dementia and amnesia problem around whats right and whats wrong at times
Have any of these weasel Irish politicians even been invited? I hope the Don tears the weak little wimps a new one.
@Carl Valderrama: SF/IRA weren’t due to their close links with Hamas terrorists
@Johnny Wilson: Well DUP troll, SF have an open invitation to attend the white house on St Patrick’s Day every year since the Good Friday Agreement, this year they are not going and all you neanderthals are freaking out, you couldn’t make it up. MM better be careful passing that bowl to BabyHands….
Stay at home Trump.
@Patricia Mc namara: Yep, Also stay at him Michael Martin
He’s doing everything to backstab Europe he shouldn’t be made welcome here.
@john salmon: No he hasn’t, he wants Europe to cop on and pay their way in NATO and stop using the US as it’s guard dog. All this while handing over the money instead to grifter NGOs who are tearing up the social fabric of the European states.
@john salmon: he got some support the Europe’s elite before the election didn’t he.
This is real politik. As much as I detest the ogre, our country is heavily reliant on the US and has a long history of cordial diplomatic relations. Trump won’t be president again. As Winters said in Band of Brothers: we don’t salute the man, we salute the rank.
Hysterical theatrics from the usual suspects won’t achieve anything. Certainly not from the woman who wanted to nationalise Dell.
@honey badger: unfortunately the looney left don’t understand the real world
@Johnny Wilson: I take small consolation from this old quote: ” necessity relieves us from the embarrassment of choice.”
@honey badger: Very well said. There were 2 similar quotes from the West Wing.
@honey badger: great opportunity to cultivate more home-grown industry, no? Surely would only be a positive to not be so reliant on US big tech and be more proactive in promoting development in regions outside Dublin
Why is our government not expelling the sex offender
Try ask the people as he is a convicted sex offender
Good, I look forward to the inevitable protest against the orange m0nkey
But Ruth..Who will pay out all that you want to handout to people who never did an honest days work if we stick two fingers up to Donnie and he makes life difficult for us.There’s a lot of big US employers in this country.
I’m surprised they’re leaving the comments open for this. It’s going to be an absolute cesspit for all the dribbling fanboys of the tangerine sex offending rap ist.
@J B: Cheers for confirming my thoughts. Do you Incells all work together and have a schedule?
@J B: Trump is limp handed, have you seen his baby hands, he has a deformity just like Hitler had.
@Daniel Skelton: TDS is rampant in Ireland.
Please don’t bring that butt crack of a life form to my country. Thanks
Ireland could do with a Trump visit. He could gives his words of wisdom to our crazy liberals
@common sense:
Trump’s words of wisdom Ha ha ha .
criminal bully lier draft dodger coward
@Vladimir Poutine: Ver goot tzu zee den Spellink Gestapo arr doink der job
I wouldn’t mind Trump visiting Ireland. It would really ruffle the feathers of all the Islamists and Hamas sympathisers here which is always a good thing. The Irish government could do with dropping their obsessive anti-Israel attitude also. Trump is planning to put tariffs on pharmaceuticals in the next few months. Do we want to have an opportunity to persuade him to ease off on them or not? I’d rather send some sort of experienced businessman like Dermot Desmond to discuss things with Trump as a trade representative rather than Martin or Harris, who have no foreign policy or negotiation nous whatsoever. The first port of call is for the meeting to take place in the White House if Trump even invites anyone over from the Irish government, which isn’t guaranteed yet.
@William Jennings: People protesting about Israel murdering children does not make them Hamas supporters or Islamists. Don’t let your hate blind you to the reality of what Israel is doing. This is collective punishment of a civilian population for the crimes of Hamas. Caring about a people being exterminated doesn’t make someone a terrorist lover.
@Mike Mahon: Yes. It’s not a matter of being pro-Hamas or anti-Israel. It’s a matter of being pro-human, anti-oppression, anti-genocide, as everyone should be.
@Brendan O’Brien: Exactly
@Mike Mahon: Well it does because they are taking the side of Hamas. They happily wave Hamas flags in the streets while shouting their fake claims about Israel. I’m not interested in hate or love, I’m interested in facts and reality. Israel has let in 38,200 aid trucks since the start of the conflict. There is no “collective punishment” going on. That’s exactly what I’m talking about. You are literally just regurgitating Hamas propaganda, whether you are aware of it or not.
@Brendan O’Brien: As you know Brendan, I am all of those, which is why I strongly support Israel wiping out Hamas, an organisation that explicitly calls for a second Holocaust. You, on the other hand, are not anti-genocide because you support and cheerlead for Hamas and then have the gall to say that it is Israel who are the ones that are committing a genocide. As I have told you before, that claim is utter bollocks. The civilian to combatant ratio in Gaza is 2:1. The average for conflicts around the world is 4:1. More people were born in Gaza than died last year (63,400 vs 40,000-42,500). Hamas lies repeatedly. Back in May, they had to alter the number of women and children killed from 24,000 to 12,800. They even added 6,200 people that died from stage 4 terminal cancer to the death toll!
@William Jennings: Why are you lying? Please show any support of hamas from our government,are hamas in charge of the west bank and look what Israel are doing there,the majority of Ireland are against genocide and believe in the two state solution for Israel and Palestine.
@Daniel Roche: Hamas are in charge of Area A in Judea and Samaria (West Bank). The PA have lost control and Hamas control most of the cities and towns. If you followed the news you would know that. As I have pointed out above, if you believe that there is a “genocide” going on, you are either gullible to Hamas propaganda or you support them. Which is it for you? The two-state solution is a joke because it involves confiscating Israeli territory and handing over to the people who engaged in repeated terrorist attacks against them. This government is pro-Hamas. They continually repeat blatant lies about Israel like they are committing “genocide” and they are “starving” the people of Gaza, which are blood libels. Plus they gave €60 million of taxpayer money to UNRWA, which is an arm of Hamas.
@Mike Mahon: There’s no civilians in Gaza. They’re all Hamas.
@William Jennings: I think it may be you that has fallen for propaganda William. I don’t see any Irish person waving Hamas flags, just Palestinian flags. I suppose the ICC, Amnesty International etc must have fallen for Hamas propaganda about genocide also?
@Ulick: Wow is all I can say to that.
@Mike Mahon: You need to wake up Mike. Every month, large groups on people are out of the streets waving Hamas and Hezbollah flags in Dublin, Limerick and Cork. All you have to do is search up videos of the marches on any news website and you will see them waving the flags of those prescribed terrorist organisations while shouting antisemitic chants towards Israel and Jewish people. The ICC has provided no concrete evidence for their claims and is run by Karim Khan, a noted Islamist who has written in defence of the Muslim Brotherhood in the past, of which Hamas is an offshoot of. Numerous former Amnesty International employees have stated that the organisation has a systemic anti-Israel bias. They have also provided no proper evidence and don’t even think that Israel has a right to exist.
Micheal Martin would invite the wanted crim net and yeahoo to Ireland if he thought it would make him look good in von der Leyens eyes.. and stuff his deep pockets.
I thought convicted felons weren’t allowed into Ireland?
Also, how desperate is Mehole to be seen on the international stage as someone important.
Is there anything to be said for another protest… honestly Ruth.. is that all you do
The people who get on their high horses about Trump see nothing wrong with the main opposition party and its leader glorifying a man who was convicted for being part of a gang that attacked innocent people having a drink in a pub, killing five and injuring sixty.
Coppinger is a red.
@AnthonyK: More ginger really.
And what answer did you expect?
That’s absolutely great to hear that!
It would be a disaster. The country would riot.
I am going to the next big celebrity party whether I am invited or not.
I’m having dinner right now after a long hardous drive, I’m bewildered at best,
That meeting is on Friday.
Such an Invitation, Business Decision
That invitation, would be so welcoming, if he was greeted at Shannon Airport, personally, by a Representative, and maybe have a friendly stroll together, and afterwards maybe have breakfast or lunch at nearby Hotel. ETA 12 midday.
Let’s see what the public thinks of such an idea.
Such Invite, would a BUSINESS DECISION
Recent communications regarding technology and a Digital solution, ( satoshi) have evidenced there is little value in throwing such stones, unless procurement and delivery, form part of any such solution.
Given, also, what can be lost in translation, any parties, reliance on one’s national language is particularly paramount, never more so, than at this time.
Further, one’s undeniable, and unrebutted, fury, speaks for itself, given the tensions between all parties, given the right for people to be angry, when such gross incompetence is displayed, by Governmental organisations, who are yet to be held accountable.
Yes invitation absolutely acted on, moreover, there will be more to follow by me. Tonight, that’s a promise!
Childish behaviour, displayed publicly, along with lack of corrective action, in the form of effective communication, lends to an ongoing sense of bewilderment, given the benefits of peaceful solution, and respectful resolution for all.
In any Democracy, any charges being made , without such lawful standing, would be removed and constitutionally protected rights, particularly in regards succession and any Grants, would be acknowledged, thereby removing all cause of action, without recourse for proceeding(s) being made defunct, with those affected being remunerated commensurate, lending, surely, to such aforesaid peaceful resolution.
Said solution would be an honorable bond, with the word as the bond, the written bond.
The time is now, as the saying goes this Week is good as any. Retirement from public life, is as imminent, as is Taoiseach’s invite. Let’s all Beannachtí na Féile Pádraig oraibh. Réidh nuair a bhíonn tù.
Then we can finally say ‘goodbye, olf friend’!.
But but but. The irish are unwanted this year and still want to go, if I was not wanted I would not beg
have your say