Apply to the Office of the Wards of Court for a discharge
This application can be made by:
- the Ward of Court themselves (also known as the Relevant Person)
- their committee
- their solicitor
- Someone who has the consent of the court to make an application (this can include a friend, relative or other trusted person, as well as a service provider, social worker or advocate).
This person is known as the applicant.
The first step is to complete a Notice of Motion (ADMC Notice of Motion).
Office of Wards of Court arranges a capacity assessment
Once the Notice of Motion has been received by the Office of the Wards of Court, a medical visitor (healthcare professional) is sent to the Relevant Person to assess capacity.
Each review includes a presumption of capacity and respect for that ward's preferences rather than a best-interests standard, in line with ADMC guiding principles.
The wardship court applies a functional assessment of capacity, which assesses a person’s ability to make specific decisions, rather than making an overall finding.
The Relevant Person or their representative may also arrange an independent functional capacity assessment in addition to the one organised by the Office of the Wards of Court.
Medical Visitor Functionality Capacity Assessment Report – Guidelines
Medical Visitor Functionality Capacity Assessment Report - Template
Grounding affidavit is sent to the Office of the Wards of Court
The grounding affidavit sets out the preferences of the Relevant Person. It can include details of their preferences regarding accommodation and people who can assist them in making decisions.
It may also include the views of people connected to the Relevant Person — such as GPs, carers and social workers — to best ascertain the Relevant Person’s will and preferences.
Documentation is prepared by the Wards of Court Office
The Office of the Wards of Court sends the following documents to the applicant for discharge:
- Result of the functional capacity assessment
- Schedule of all assets and income of the Relevant Person known to the Court
- Any relevant court orders or medical reports about the Relevant Person
Court hearing and discharge order
In line with the ADMC approach, the hearing will be conducted as sympathetically as possible for the Relevant Person. Solicitors should consult HC133 for guidance on proceedings.
Possible outcomes
- Discharge with no decision-making assistance required
- Discharge with the assistance of a decision-making assistant
- Discharge with the assistance of a co-decision-maker
- Discharge with a decision-making representative (closest to the former “committee” arrangement)
