Earlier this year the Government brought forward amendments to legislation on assisted decision-making that are aimed at removing uncertainty for people in wardship arrangements.

A person who the courts decided was not able to look after their own affairs before April 26^th 2023 was made a ward of court. Decisions were made on their behalf by the court or a person appointed by the court known as the committee.

The Assisted Decision Making (Capacity) Act 2015 ended the long-standing wardship system and replaced it with a tiered decision-making framework.

The act had set a deadline of April 26^th 2026 for all individuals in wardship to be discharged, but practitioners in the area had expressed concerns about whether this target could be met.

Due to a backlog, new legislation (the 2026 Amendment Bill) allows the High Court to extend this deadline on a case-by-case basis for up to 18 months, with a final cutoff of October 25^th 2027.

As of March 25^th this year the Bill had completed Dail Eireann, 5^th stage.

Though, according to Aine Hynes SC, chair of the Law Society Mental Health and Capacity Task Force, the numbers of wards seeking discharge from wardship is far less than anticipated by Government.

The legislation provides that all adult wards of court must be reviewed and discharged from wardship by the April deadline. As of October 2025, 1,600 wards or their committees had not yet applied for discharge.

The Amendment Bill requires the wardship court to list each of the remaining approximately 1,400 cases, so that the wardship court can consider each case and be satisfied to extend the period of time for discharge in each case.

It has been indicated that judge Barniville and other judges assigned in wardship will need to sit over the Easter vacation and prior to the deadline to hear these cases.

The High Court has issued a notice today in relation to those listings.

The notice indicates that in a significant number of the remaining cases, it will be necessary for solicitors for the applicants for discharge to swear and file an affidavit providing good reason as to why the time period will not be met.

Despite every effort being made by the Judiciary, the Office of Wards of Court and practitioners, it is likely that it will not be logistically possible to case manage all of these cases prior to the April 2026 deadline, this may result in legal challenges.

It also significantly impacts on the wardship court’s ability to hear the remaining cases for discharge.

NB – This is a guide for information purposes only and does not constitute legal advice. If you have an issue requiring legal advice, please contact any of the team at Nolan Farrell & Goff LLP, whose numbers can be found on our website www.nfg.ie, or email info@nfg.ie.