“My father has been diagnosed with Alzheimer’s. He is no longer capable of running the farm, so myself and my sisters are contemplating selling the cows and leasing the farm as he may require full-time care in a nursing home. Our solicitor has advised that he may have to be made a Ward of Court. What does this entail?”

If a person becomes mentally incapacitated, all of their assets and property are normally frozen and cannot be used by anyone else unless they are jointly owned or someone has an enduring power of attorney to deal with their property or money.

An enduring power of attorney could have been created by your father before he became mentally incapacitated and would have allowed him to specifically appoint a person to look after his welfare and to deal with his property without involving the courts to the same extent required in having him made a ward of court.

Application

The main purpose of wardship is to look after the welfare and to protect the property of a person who no longer has the capacity to do so. The Office of the Wards of Court based in Dublin is responsible for administering this process.

The application procedure involves a person asking the High Court to hold an inquiry into whether the proposed ward is of unsound mind and incapable of managing his or her person or property. An application, called a petition, is normally made by a family member with the assistance of a solicitor, as specific sworn documents must be prepared. It must include the opinion of two doctors, who usually are psychiatrists. If a family member does not want to be involved in the application, he or she can also contact the Registrar of Wards of Court to initiate proceedings.

The following information must be provided as part of the application for wardship:

  • Information about his or her medical condition.
  • Information about his or her next-of-kin.
  • Information about his or her assets.
  • Information about his or her income.
  • The President of the High Court then decides whether or not to conduct an inquiry. If one is ordered, the proposed ward is examined by a doctor sent by the High Court. Notice of the application for wardship must be served personally on the proposed ward. A proposed ward is entitled to object to the application by writing to the Registrar of Wards of Court, usually through a solicitor.

    Committee

    If your father is made a ward of court, the court may appoint a committee to deal with his personal affairs. The committee means the person into whose care the ward is committed and is usually the person who makes the application. Once a person is taken into wardship, a case officer from the Office of the Wards of Court will be appointed and the committee must correspond with the case officer in relation to the management of the ward’s affairs.

    Assets

    When a person is made a ward of court, his or her assets are brought under the control of the court and made available for the ward’s maintenance and benefit. Examples of how different types of property might be dealt with are as follows.

  • Dwelling house and farm: Where it is necessary to sell a house to provide for nursing home expenses, the committee will be authorised by the court to put the property on the market. Where a farm is let, the court would usually permit the committee to receive the letting income and to use it for the ward’s benefit.
  • Banks and building society accounts: These accounts are usually closed and the proceeds lodged in court.
  • Pension income: This income is usually directed to be paid to the nursing home or hospital in which the ward resides but the court may direct that pension income be paid to the committee on the ward’s behalf.
  • Payment of bills: Where the ward is living at home, regular payments can be made to the committee or other person looking after the ward to meet the ward’s living expenses.
  • The committee acts under the directions of the court and may be permitted by the court to carry out functions and will be responsible for attending to the ward’s day to day affairs. The committee is required to account to the Office of the Wards of Court for all funds received and payments made by him or her in relation to the ward. In many cases, a committee will be required by the court to enter into security with an approved insurance company in respect of income received by the committee on the ward’s behalf. In those circumstances, the committee is required to file accounts in the Office of the Wards of Court.

    Legal fees

    Legal fees from a wardship application are normally paid out of the ward’s estate. Court percentages (annual levy on ward’s income) is also payable with the maximum rate of court percentages currently set at €750 per annum, where the ward’s net income in the preceeding tax year was €18,750 or more.

    Death of ward

    On the death of a ward, it is necessary for a formal request to be made to conclude the wardship proceedings. The ward’s property remaining after payment of debts and costs is distributed among the people entitled to it, either in accordance with the ward’s will or the rules of intestacy where there is no will.