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The Assisted Decision-Making (Capacity) (Amendment) Act 2026 was enacted on 31 March 2026 and addresses a practical issue that has arisen in reviewing existing wardship cases under the timeframe provided for in the existing legal framework.
When the Assisted Decision-Making (Capacity) Act 2015 was brought into full operation in April 2023, it set a three-year window for every adult ward of court to have their situation reviewed and a formal decision made about their capacity. That window closes on 26 April 2026. While the Department of Children, Disability and Equality has confirmed that considerable progress has been made, a significant number of cases will not be completed in time. Without legislative intervention, this would have created legal uncertainty for those individuals and for those responsible for their care and welfare.
What has changed: key points
- The deadline of 26 April 2026 remains in place as the primary date. The new Act does not move or remove that date. It simply equips the courts to manage cases that cannot be finalised by then.
- The High Court can now grant additional time on a case-by-case basis. Where there is a genuine reason why a particular case cannot be completed by the deadline, and where doing so is fair and appropriate in the circumstances, the court may allow more time for a capacity declaration to be made. However, this is not a blanket extension – each case is to be assessed on its own merits.
- A second extension is possible, but the bar is deliberately high. Where truly exceptional circumstances exist, a further extension may be granted. However, this is designed to be a last resort and not seen as a routine option.
- There is a firm outer limit: 25 October 2027. No matter what extensions are granted in any individual case, every ward of court will have a capacity declaration in place by that date at the very latest. This is an absolute end-stop and provides a clear horizon of certainty for all concerned.
- Young people in wardship are also protected. The Act also caters for individuals who were in wardship as minors and who reach the age of 18 after 26 October 2025. Their cases can, in appropriate circumstances, also benefit from an extension, again subject to an overall cap of 18 months.
Courts to sit during Easter vacation
Practitioners and families with active wardship matters should note that the High Court has indicated, by way of a recent notice from the Courts Service, that the Wardship Court would sit during the Easter vacation period to deal with applications arising from this new legislation. A significant volume of wardship cases have been listed for hearing across the vacation period.
Looking ahead
The 2026 Act represents a pragmatic and proportionate response to the challenges encountered in implementing one of the most significant reforms to capacity law in Ireland in recent times. It preserves the integrity of the original framework while providing the courts with the tools necessary to ensure that every ward of court reaches the new system in an orderly and legally sound manner.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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