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The High Court has declared that a woman, previously under wardship due to an intellectual disability, lacks the capacity to make complex decisions regarding her health, welfare, and finances, even with the assistance of a co-decision maker. Consequently, the court appointed her brother as her decision-making representative (DMR), while ordering her discharge from wardship and authorizing the DMR to manage her affairs. The decision was based on uncontested medical evidence and the woman's expressed contentment with her brother's appointment. The court also ordered a review of her capacity within three years.
Wardship, Intellectual Disability, Assisted Decision Making Capacity Act 2015, Decision-Making Representative (DMR), Capacity Assessment, Personal Welfare, Property and Affairs Management, Uncontested Medical Evidence, Discharge from Wardship, Review of Capacity, Rights and Preferences of the Individual, Section 55 of the 2015 Act, Enduring Power of Attorney, Advanced Care Directive, Civil Law (Miscellaneous Provisions) Act 2008, Department of Social Protection Disability Allowance, Decision Support Service, Circuit Court.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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