A devoted mother who is the primary carer of her profoundly disabled son is distressed that a new law requires he must be discharged from High Court wardship, a judge said.
The young man’s discharge means his mother will now also be responsible for decisions about his finances, including managing interim payments received pending the finalisation of separate proceedings about liability for his birth injuries.
Judge Mark Heslin said he was sure the mother would understand the High Court’s obligation “is to implement the law, rather than to make it”.
“However, one would want to be made of stone not to be moved by the upset and distress felt by such a devoted mother and dedicated caregiver at the prospect of having to take on additional responsibilities.”
READ MORE
The judge said he was expressing “no view whatsoever” in relation to the Assisted Decision-Making Capacity Act 2015, under which all adult wards of court are required to be discharged from wardship by April 2026.
Due to the slow pace of discharge, for reasons including concerns of the families of wards about the management of the wards’ finances, provision has been made to extend that deadline on application to the court.
In a recently published judgment, Heslin, who is among a number of judges dealing with discharge applications, said the ward was a young man with profound and complex needs who lived at home and required the presence of two carers at all times.
His parents care for him and, as his committee in wardship, have represented his interests since he was made a ward about six years ago.
The judge accepted uncontested evidence the man lacked capacity to make decisions, including about his personal welfare and finances.
In the circumstances, his mother is prepared to act as her son’s decision-making representative alone to avoid any additional burden for her husband, who is also trying to work full-time.
The mother has some familiarity with her son’s finances and due focus is being given to the important issue of managing those for his benefit, he said. Until details of his next periodic payment are available, an investment strategy cannot be provided but the mother intends to retain an accountant and she understood that an investment adviser would also be necessary.
The judge made various orders under the 2015 Act, including discharging the man from wardship with his capacity to be reviewed after three years.
He appointed the man’s mother as his decision-making representative in relation to his personal welfare and financial and property affairs. She is entitled to receive remuneration for the care she provides to her son.
In concluding remarks, Heslin said it was “perfectly clear” the man was “a valued member of a loving family” and received an “exceptionally high standard” of care at home.
Although his ruling “might appear very arid”, he had “not lost sight for a moment” of the fact the application concerns “a fellow citizen with strengths and gifts as well as vulnerabilities”. The evidence was the man enjoyed being around other people and “has the precious gift of being able to bring joy to others”.
