Ward Of Court Ireland

What Is A Ward Of Court?

If a person in Ireland is unable to manage his or her own affairs due to mental incapacity, a wardship application can be made to the Court to have that person made a Ward of Court.


How Is A Person Made A Ward Of Court?

Having considered all the evidence the court will make a decision as to whether the person is capable of of managing his or her own property for his or her own benefit and for the benefit of his or her dependents. Depending on this decision the individual may or may not be made a ward of court. 

A medical inspector will be appointed to report back to the court and, if it is decided that the person cannot manage his or her own property because of mental incapacity, the person becomes a Ward of Court and a Committee will be appointed, accountable to the court, to take charge of the ward of court’s property on the Ward of court’s behalf. 

The Petition for Wardship (usually by a near relative) must be verified by an affidavit of the petitioner and supported by the affidavits of two doctors. The affidavits must be based upon recent medical examinations of the potential ward of court (within three months of the date of the presentation of the Petition for Wardship). 


Avoiding Being Made A Ward Of Court

Under the Powers of Attorney Act 1996 it is possible for a person who has present mental capacity to create an enduring power of atttorney thereby making provision for what is to happen in the unfortunate event of incapacity arising in the future. This effectively will prevent them having to be made a ward of court, should they become incapable, as the provision has already been made.

Naturally Probate Ireland must see the client in order to satisfy ourselves that he or she has the necessary capacity and understands what is involved in creating an enduring power of attorney thereby preventing the need to be made a ward of court. Probate Ireland will explain the formalities and will arrange for the client to sign the necessary document and give the required notices so that the Enduring Power of Attorney will be available and ready to be registered and so brought into effect in the future should the need arise.


Ward Of Court – Preliminary Requirements

In the case of all clients,  identity is needed in order to comply with the Anti Money Laundering Regulations – photographic evidence (passport or driving licence) to identify the person (of the intended ward of court), and a utility bill to confirm the address.

The following information should be forwarded to me as soon as possible so that the required papers can be prepared

(The person whom it is proposed to be made a Ward of Court)
Full Name
Home address
Current residential address
Occupation of the ward of court (former occupation if retired)
Martial Status
Religion
PPS number (formerly called PRSI number)

Next of Kin Of The Ward Of Court
Full name of next of kin 1
Address of next of kin 1
Occupation of next of kin 1
Marital status of next of kin 1
Religion of next of kin 1
Relationship to the proposed Ward of court
Full name of next of kin 2
Address of next of kin 2
Occupation of next of kin 2
Marital status of next of kin 2
Religion of next of kin 2
Relationship to the proposed Ward of court
Full name of next of kin 3
Address of next of kin 3
Occupation of next of kin 3
Marital status of next of kin 3
Religion of next of kin 3
Relationship to the proposed Ward of court
Full name of next of kin 4
Address of next of kin 4
Occupation of next of kin 4
Marital status of next of kin 4
Religion of next of kin 4
Relationship to the proposed Ward of court

Doctors Of The Proposed Ward Of Court

Name of Doctor 1 (who will certify the incapacity of the ward of court)
Address of Doctor 1
Contact number Doctor 1

Name of Doctor 2 (who will certify the incapacity of the ward of court)
Address of Doctor 2
Contact number Doctor 2

Assets Of The Proposed Ward Of Court
List of assets (including any house or apartment) owned or jointly owned by the proposed ward of court

Include certificates or valuations in respect of each asset and account numbers and branch addresses in respect of all accounts

State the location of the deeds and the whereabouts of the last Will (if any) of the proposed ward of court

Liabilities Of The Proposed Ward Of Court
List of debt/liabilities of the ward of court – and certificates in respect of each

Income & Expenses Of The Proposed Ward Of Court
Details of any current income and outgoings of the proposed ward of court

Brief statement as to recent medical history of the proposed ward of court, showing the decline in capacity leading to the planned application to court.

Petitioner (person bringing the application)
Full name of petitioner 1
(person making application to the court)
Address of petitioner 1
Occupation of petitioner 1
Marital status of petitioner 1
Religion of petitioner 1
Relationship to the proposed Ward
Full name of petitioner 2
Address of petitioner 2
Occupation of petitioner 2
Marital status of petitioner 2
Religion of petitioner 2
Relationship to the proposed Ward