For many Irish families, the term “Ward of Court” carried a heavy weight. It was a system that, while designed to protect, often ended up stripping individuals of their right to make even the simplest choices about their lives. But as of April this year, that system is being consigned to history. 

The Assisted Decision-Making (Capacity) Act 2015, which is in its final stages of transitioning all existing wards back to autonomy, represents a “seismic cultural shift”, according to advocacy groups. It moves Ireland away from a paternalistic “best interests” model and toward a rights-based approach where a person’s will and preference are the law. The bedrock of the Act is that everyone is presumed to have the capacity to make a decision unless the contrary is proven. It presumes that every adult has capacity and assesses capacity decision by decision, based on the person’s ability at the time. It also abolishes wardship entirely, with all existing wards transitioning to new arrangements overseen by the Decision Support Service (DSS) by April this year.

It is important to note that these new discharge processes apply only to adults; children under the age of 18 will remain in the wardship system until they reach adulthood.

One of the most significant aspects of this new era is the clarity it brings to family roles. For years, many operated under the myth of the next of kin, believing that being a spouse or a child gave them automatic legal authority over a loved one’s affairs.

Under the new Act, this is replaced by a formal, tiered system of support. Families are no longer just onlookers; they can now be legally recognised as Co-Decision Makers or Decision-Making Representatives. This gives families the legal teeth to help their loved ones manage bank accounts, sign contracts or consent to medical treatments, all while keeping the individual in the driver’s seat.

For many families, the Act represents a profound shift, where they play a central role in supporting informed, meaningful decisions. For families who have been caring, advocating and planning for years, this change brings both relief and responsibility. To understand what the shift means in practice, we spoke with Marina Giblin, senior portfolio manager at Cantor Fitzgerald Ireland, about her experience supporting families through this transition.

Marina – Can you tell us about your background and your interest in assisted decision-making?

I’ve worked in financial services for almost 30 years, and I’m also the mother and advocate of an exceptional child. My experience gives me a deep understanding of the assumptions that can often surround vulnerability and capacity, and the cultural change still needed across health, social care and legal settings. 

In my role at Cantor Fitzgerald Ireland, I support individuals and their families as they navigate their exit from wardship, bringing together my personal insight, advocacy experience and financial expertise to help families navigate what can be an emotional and complex transition.

Why is the Assisted Decision-Making (Capacity) Act such a significant departure from the old wardship system?

The Act moves Ireland from a model of control to one of supported autonomy. Under wardship, decision-making powers were effectively removed from individuals and placed under High Court supervision. The new framework presumes capacity and offers tiered supports so that people can remain involved in decisions about their own lives. It’s a more dignified, person-centred approach and brings Ireland in line with international best practice.

What challenges are families most often facing when they exit wardship?

Families tell us they feel both relief and pressure. They’re grateful that their loved one’s voice is recognised, but they also take on new responsibilities, including managing financial settlements, planning for long-term care, ensuring compliance with DSS oversight and making day-to-day decisions alongside caring responsibilities.

Many are balancing this while managing their own ageing, health or work commitments. It can be overwhelming without the right support.