Kathleen Lynch (Cork North Central, Labour) | Oireachtas source

I move amendment No. 191:

In page 46, before line 1, to insert the following:“Declarations following review and discharge from wardship

35. (1) The wardship court, after reviewing the capacity of the ward, shall—

(a) declare that the ward does not lack capacity, or

(b) make one or more than one of the following declarations:

(i) that the ward lacks capacity, unless the assistance of a suitable person as a co-decision-maker is made available to him or her, to make one or more than one decision;

(ii) that the ward lacks capacity, even if the assistance of a suitable person as a co-decision-maker were made available to him or her.

(2) Where the wardship court makes a declaration pursuant to subsection (1)(a), it shall immediately discharge the ward from wardship and shall order that the property of the former ward be returned to him or her and give such directions as it thinks appropriate having regard both to the discharge and the circumstances of the former ward.

(3) Where the wardship court makes a declaration pursuant to subsection (1)(b)(i), it shall, on registration of a co-decision-making agreement, discharge the ward from wardship and shall order that the property of the former ward be returned to him or her and give such directions as it thinks appropriate having regard both to the discharge and the circumstances of the former ward.

(4) Where the court makes a declaration pursuant to subsection (1)(b)(i) but—

(a) there is no suitable person to act as co-decision-maker for the former ward, or

(b) a co-decision-making agreement in respect of the former ward is not registered in accordance with Part 4* within a period set down by the wardship court,

the wardship court shall (subject to it allowing for any extension of the period set

down by it pursuant to paragraph (b))—

(i) as if it had made a declaration under section 35(1)(b)(ii), make such orders under Part 4 as it considers appropriate as if the wardship court were the court under Part 4, and

(ii) order that the property of the former ward be returned to him or her upon the appointment of a decision-making representative in respect of the former ward.

(5) Where, following the review of the capacity of a ward, the wardship court makes a declaration pursuant to section 35(1)(c), it shall—

(a) make such orders as it considers appropriate under Part 4 as if the wardship court were the court under Part 4, and

(b) order that the property of the former ward be returned to him or her upon the appointment of a decision-making representative in respect of the former ward.

(6) Subject to subsection (7) and this Part, the Lunacy Regulation (Ireland) Act 1871 is repealed.

(7) Subject to this Part, nothing in subsection (6) shall affect the validity of any order—

(a) made by the wardship court within its jurisdiction, and

(b) which was in force immediately before the commencement of this Part.”.