How do I apply for ward of court?

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Susie2017

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A lady I know is considering applying for wardship for her sister who is elderly with lifelong severe mental and physical disability. She is in 24/7 residential care since childhood. The lady has serious concerns that the personal funds of her elderly sister are being used inapproriately by staff members reportedly at her sisters request. This is not the case as the disabled sister has never asked for anything in her entire life and in the families opinion does not have the capacity or faculties to ask for the items being purchased. She would not have the mental capacity of a four year old. Should her sister apply for ward of court or complain to HIQA or both ? How long does ward of court proceedings take and what would costs be like ? Thanks.
 
WARD OF COURT.

As far as the ward of court issue goes it would be best to go to a solicitor and get complete advice from them.
I say this because it is something best and properly handled by a solicitor and probably counsel.
The solicitor should give you an indication of the work involved and the likely costs.
I suspect that there would be quite a bit of work to be done in gathering your medical evidence to confirm your friend's sister's mental capacity as that would be a basic proof.

HIQA.

If you are concerned about the issue of your friend's sister's money by all means go to HIQA.
HOWEVER, be extremely careful about how you word your concerns so that you do not inadvertently make allegations that might be in error.

Good luck with this as it is worrisome and tricky.....
 
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If it's uncontested and family are in agreement then you can do it yourself. The ward of court office will give you help with this. There is a few legal forms/formalities and there is a bit of work involved but is very doable for somebody motivated enough.
You will need to pay for a doctor to sign off on mental capacity of the person which can cost a couple of hundred euro and also you would need to have to pay a commissioner of oaths or solicitor about 10-20 euro per signature for each affidavit.

Alternative route is to pay a solicitor to do everything for you but depending on the solicitor can be anything from 3k to 10k.
D.I.Y. will cost less than 500 but it will also take a few days of your time.

Somebody will need to be the committee for the ward. That is usually one close friend or family member. This is a responsible job.
At the end some fees will become payable from the wards account.

You will then need to apply to be discharged from your duty as they committee.

For more information go to the website or phone Wards of Court Office for more details.
01-888 6757
 
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Thank you for reply. Can you explain a bit more about the committee. Can two or three relatives be on it. Solicitor has quoted 5k plus. Friend might try to do the diy approach. Who contacts the doctor ? Would a solicitor need to write to the doctor to instruct them? . Is it only one doctor you need to say the ward doesnt have capacity. Any disadvantages to the ward of court route other than hassle and cost. Would it take months to get organised. Will try that phone number.
 
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