Courts to sit in Easter vac to deal with ward backlog
Because of the enactment of the Assisted Decision Making (Capacity) (Amendment) Bill 2026 in the Seanad this morning, the Wardship Court will sit during the Easter Vacation, the Courts Service has said.
This is to extend the time period specified in section 54(2) Assisted Decision Making (Capacity) Act 2015 for the making of a declaration under section 55(1), where the Wardship Court is satisfied that:
- Good reason has been shown as to why the time period specified in section 54(2) Assisted Decision Making (Capacity) Act 2015 will not be met, and
- It is in the interests of justice to do so.
The Court Lists will be published as soon as possible indicating the matters listed and the dates on which the court will sit, the Courts Service added.
The Registrar of Wards of Court will inform the court as to the reason in cases where a Functional Capacity Assessment has not been made available by the Wards of Court Office to the solicitor on record in the discharge proceedings.
In all other circumstances, the cases will be listed on dates between 13_24 April.
Solicitor to swear and file
The solicitor on record in the discharge proceedings will swear and file an affidavit providing good reason as to why the time period will not be met, to include but not limited to:
- Matter is before the court but has been adjourned for…,
- Service papers have been received, and service is expected to be effected by….,
- Plan for the future management of the assets of ward where applicable is awaited,
- An appeal has been lodged on foot of an Order made by the Wardship Court,
- An additional functional capacity assessment report is awaited,
- Clarification on an aspect of the functional capacity assessment report is awaited, or
- Question has arisen in relation to the appointment of an appropriate person to support the ward in decision-making.
Affidavits can be filed electronically to wards@courts.ie