Hundreds of adult wards of court could face delays of up to 18 months in being discharged from wardship for reasons including long waits for capacity assessments.
As the original April 24th, 2026, discharge deadline set by the Assisted Decision-Making (Capacity) Act 2015 looms, an estimated 619 of more than 1,700 adult wards have been discharged.
After amending laws were signed on Tuesday by President Catherine Connolly, special sittings of the High Court began on Wednesday to extend the discharge deadline for hundreds of adult wards.
On Wednesday, High Court president David Barniville and Judge Mark Heslin granted six-month extensions in almost 400 cases. Both judges will also deal on Thursday with about 400 more cases where extension orders are also required.
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Over the coming weeks, the court will deal with several hundred additional cases where extension or discharge orders are required.
Most extensions are required because functional capacity assessments have yet to be carried out on hundreds of adult wards. Other reasons for delay include that information is being sought concerning the ward’s finances and a reluctance among some families of wards about their being discharged.
Under the 2015 Act, which began in April 2023, all adult wards were to be discharged by April 24th, 2026. Discharge application figures were low initially but the pace picked up last year and accelerated this year as the deadline approached. There were 18 discharges in 2023, 80 in 2024, 193 in 2025 and 328 by late March.
The situation led to amending legislation being passed late last week by the Houses of the Oireachtas after which it was sent to the President for signature.
High Court sittings listed for Tuesday did not proceed because the legislation was not signed until later that evening. The sittings were then rescheduled for Wednesday.
Before dealing with the cases in his list on Wednesday, Barniville said, despite “Herculean efforts” by the courts, the general solicitor for wards of court, the wards of court office and lawyers involved in the process, it had not been possible to meet the deadline of April 24th next.
Although hundreds of cases had been dealt with, there were delays in many because no functional capacity evidence was available, he said. Such evidence is necessary to decide what orders should be made in individual cases, including what supports and assistance may be required by the relevant person.
The judge noted the amending legislation, the Assisted Decision-Making (Capacity) (Amendment) Act 2026, allowed for extending the time for discharge where the court is satisfied good reason is shown for the deadline not being met and an extension is in the interests of justice. The Act permits a second extension period but provides the overall extension time cannot exceed 18 months.
In the vast majority of the cases before him, capacity evidence was not available and he was satisfied there was good reason shown and it was in the interests of justice to extend the time for six months. In a small number of cases, where a capacity assessment was available but financial information was awaited, he was satisfied, on the same grounds, to grant a six-month extension.
Under the 2015 Act, every adult ward must have their capacity reviewed to decide their future status. Where a person is found to have full capacity, they are fully discharged from wardship.
If found to have capacity but requiring support, a co-decision-making agreement is formulated which must be registered with the Decision Support Service. If found to lack capacity for certain decisions, a decision-making representative is appointed by the court to act on their behalf.
