M50 Barrier Free Tolling
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When a person is unable to manage his assets because of a mental incapacity an application may be made to the High Court to have this person made a Ward of Court. The Judge will then make a decision whether the person is in fact capable of managing his or her own property and if they decide they are not capable the person is taken into wardship and a committee is appointed. The purpose of the Committee is to control the Wards property and make decisions in relation to same on behalf of the Ward.
To be made a Ward of Court a Court must be satisfied that the person is of unsound mind and incapable of managing his or her own affairs.
In order to make a person a Ward of Court an application is made to the High Court by a person (called the Petitioner) to hold an inquiry as to whether the proposed Ward (who is referred to as the Respondent) is of unsound mind and incapable of managing his or her personal property.
An application must be accompanied by two Medical Affidavits. Two separate Doctors must examine the proposed Ward and determine whether in their opinion the person is capable of dealing with their own affairs.
When making the application the following information should be provided about the Ward:
The Court will then make a decision as to whether or not to conduct an enquiry. If not the Ward of Court application will be rejected.
Should the Court decide that an enquiry is required the proposed Ward is then examined by a Doctor sent by the High Court.
If the Court decides that the person should be made a Ward of Court a committee is appointed to deal with their affairs. The committee is the person or persons under whose care the Ward is committed.
One of the requirements when making the application to have a person made a Ward of Court is that a petitioner application must be served on the proposed Ward. The proposed Ward can then object to the enquiry and/or demand that it be held before a jury. In order for a person to object they must sign an objection notice and have their signatures to same witnessed by a Solicitor.