What wardship is
The purpose of wardship is to protect the person and the property of an individual when they lack the capacity to do so themselves.
What a Committee is
Committee is the person or persons (Joint Committees) appointed by Court Order to work in conjunction with the Wards of Court Office to deal with the affairs of the Ward.
The Committee is therefore the person appointed by the President of the High Court to act on behalf of the ward.
The person appointed committee is usually a relative however, where there is no suitable relative who is prepared to act or where there is disagreement among a ward's relatives about how the wards affairs should be managed, the Court may appoint the General Solicitor for Minors and Wards of Court to act as committee.
A Committee is accountable to the Wards of Court Office for all monies received and payments made on a Ward's behalf.
On the death, resignation or replacement of a committee a new committee is appointed by the Court.
There is more information in our guide to the roles and responsibilities of a Committee.
Who the General Solicitor is
The General Solicitor for Minors and Wards of Court is a qualified solicitor in the service of the State who is appointed to act as Committee in certain circumstances by the President of the High Court. The General Solicitor is only involved in those cases in which the court specifically directs the General Solicitor to bring the wardship application or appoints the General Solicitor to act as committee.
Although the Office of the General Solicitor is located in the same building as the Office of Wards of Court, it is a completely separate entity and the General Solicitor acts in the same way as other committees - that is the General Solicitor only has those powers specifically given by the court. Like other committees, the General Solicitor is bonded and required to account to the court annually for monies received and disbursed.
Contact the General Solicitor's Office.
Income tax for wards
A ward of Court has the same liability and are entitled to the same reliefs as other citizens. Any tax returns must be completed by the committee on behalf of the ward.
In some cases a Ward of Court, who received a personal injury award and is unable to work, may be entitled to an exemption under section 189 of the Taxes Consolidation Act, 1997.
Medical care for wards.
If a ward needs medical treatment and consent is required by the hospital the approval of the President of the High Court should be obtained. A medical consent form should be completed by the treating doctor and sent to the office for consent to be given.
In an emergency situation it may not be possible to obtain consent of the Court and in those circumstances normal medical considerations should apply, and treatment should proceed.
Travel abroad
A ward of Court may not leave the jurisdiction (the Republic of Ireland) without the consent of the Office of Wards of Court.
Can a ward resume the management of his own affairs?
Yes. Any application by a ward to be discharged from wardship must be made to the Registrar of Wards of Court in writing by the ward or by a solicitor instructed by the ward. The application should be based on medical evidence to the effect that the ward is now of sound mind and capable of managing his/her affairs. The President of the High Court will consider the application on the basis of the medical evidence available.
What happens when a ward dies?
A deceased ward’s property is dealt with in accordance with the requirements for Probate.
When a Ward of Court dies the Solicitor for the Committee is contacted to lodge a document called a Statement of Facts and then a Dismissal Order is drafted to finalise the wardship. Pending this, funds are made available by the court to pay expenses such as funeral expenses, nursing home charges etc
When a Grant of Probate or Administration has issued the original is sent to the Wards of Court Office and any remaining funds in Court are paid out to the Legal Personal Representative named on the Grant.
Practice direction
