Wardship’s demise demands safeguarding legislation
April 2023 marked the beginning of a profound change in Irish law with the full commencement of the Assisted Decision-Making (Capacity) Act 2015, amended in 2022.
The reform dismantles the long-standing wardship system and replaces it with a rights-based framework more closely aligned with the UN Convention on the Rights of Persons with Disabilities.
The intention is to move from protection through control to empowerment through support.
The old system, though well intentioned, removed much decision-making power from individuals and their families.
Under the new regime, adults are presumed to have capacity unless proven otherwise. A tiered structure of supports has been introduced, ranging from decision-making assistance to co-decision making and, in limited circumstances, decision-making representation by court appointment.
Advance planning tools, such as Enduring Powers of Attorney and Advance Healthcare Directives, are now formally recognised.
Additional burden
For families like my own, however, this transition has brought both relief and additional burden.
Where the High Court once supervised large settlements, sometimes worth millions, families now carry full responsibility for managing funds and ensuring they are used appropriately.
Exiting wardship involves navigating legal applications, psychological assessments and ongoing coordination with the Decision Support Service. Solicitors are at the centre of this process, but the financial complexities often extend well beyond traditional legal advice.
Older parents, particularly those caring for adult children with disabilities, voice concern about continuity of care and long-term financial security.
The law’s intention is to empower yet, in practice, it places considerable stress on families at a time when they may already feel overwhelmed.
Solicitors often find themselves supporting clients not just in court, but also in negotiating the intricate financial and practical questions that the act has left on their shoulders.
Significant gap
While the act is undoubtedly a progressive step, it does not address every issue.
One significant gap is Ireland’s lack of adult safeguarding legislation. Unlike many other jurisdictions, there is no dedicated statutory framework to protect vulnerable adults from abuse, neglect or financial exploitation.
Without such measures, there remains a risk that greater autonomy could expose some individuals to harm. Many practitioners argue that robust safeguarding law must be the next step if the assisted decision-making framework is to deliver on its promise.
Collaboration
In the meantime, collaboration between the legal and financial professions is more important than ever.
Families need joined-up support that addresses both the legal formalities of exiting wardship and the long-term management of substantial funds.
This is where companies like Cantor Fitzgerald Ireland can help. By working closely with solicitors, we take on the financial planning responsibilities that can otherwise weigh heavily on practitioners.
Our dedicated relationship managers provide empathetic and practical guidance on structuring, investment planning and risk management, always with sensitivity to the pressures families face.
Eases burden
This approach not only supports clients directly, but also eases the burden on solicitors, allowing them to focus on their core legal role with confidence that financial matters are in safe hands.
The Assisted Decision-Making (Capacity) Act is a milestone in Irish law, shifting the balance decisively towards autonomy and dignity. Yet the reform also highlights the need for continued progress, particularly around safeguarding vulnerable adults.
Meeting this challenge will require coordinated effort from lawmakers, regulators, solicitors and financial professionals alike. By working together, we can ensure the new system delivers not only empowerment, but also lasting security for those who rely on it most.
Find out more information about how Cantor Fitzgerald Ireland can help in these situations.
By Marina Giblin, senior portfolio manager, Cantor Fitzgerald Ireland.
(This is a marketing communication. Cantor Fitzgerald Ireland Ltd is regulated by the Central Bank of Ireland and is a member firm of Euronext and the London Stock Exchange.)