Make an application for discharge
This application can be made by:
- the person who is currently a Ward of Court (also known as the Relevant Person)
- their committee
- their solicitor
- someone who has the consent of the Court to make an application (for example, a family member, friend, social worker, advocate, or service provider)
This person is known as the applicant.
To begin, the applicant must complete both of the following:
Each application must be grounded on an affidavit sworn by the applicant or their solicitor. The Notice of Motion, Form WOC 2 and Grounding Affidavit must then be personally served on the Relevant Person by a solicitor, in accordance with Order 67, Rules 94 and 95 of the Rules of the Superior Courts (RSC).
For guidance on preparing the affidavit, see the Discharge Statement: Affidavit of Verification.
Watch: Applying for legal aid for discharge from wardship
In this short video, Ellen Aherne of the Legal Aid Board explains how adult Wards of Court and their committees can access legal aid when applying for discharge under the Assisted Decision‑Making (Capacity) Act 2015. She covers who qualifies, how the application works and what documentation is needed.
Office of Wards of Court arranges a capacity assessment
After receiving the application and supporting documents, the Office of Wards of Court arranges for a Medical Visitor or a Registered Medical Practitioner (RMP) to carry out a functional capacity assessment.
This assessment follows the principles of the Assisted Decision-Making (Capacity) Act 2015 (as amended), which presume capacity and respect the person’s will and preferences rather than applying a best-interests standard.
The Court applies a functional test of capacity, which assesses whether the person can make specific decisions at a particular time, rather than making an overall finding of capacity.
The Relevant Person or their representative may also arrange an independent functional capacity assessment if they wish.
- Medical Visitor Functional Capacity Assessment Report – Guidelines
- Medical Visitor Functional Capacity Assessment Report – Template
Watch: Review and capacity assessment process
Registrar Alice White of the Office of Wards of Court walks through the review process under section 54(2) of the Assisted Decision-Making Act, explaining how Wards who haven’t applied for discharge are dealt with, how functional capacity assessments work and what the role of legal aid certificates is.
Watch: Review & Capacity Assessment Procedure for Wards of Court
Send the grounding affidavit
The Grounding Affidavit must set out the will and preferences of the Relevant Person and include any supporting evidence. It should also reflect the views of people connected to the Relevant Person, such as GPs, carers, or social workers.
The affidavit must include or exhibit the following, where relevant:
- the Medical Visitor or RMP functional capacity assessment report
- a Schedule of Assets and Income of the Relevant Person
- any medical reports of the applicant (if applicable)
- any Enduring Power of Attorney (EPA) or Advance Healthcare Directive (if applicable)
The affidavit must be sworn or affirmed before a commissioner for oaths or a practising solicitor.
Discharge Statement: Affidavit of Verification
Watch: Discharge Application & Practice Direction HC133 Explained
Alice White outlines the steps of a discharge application under section 54(1) of the Assisted Decision-Making Act and the implications of the new High Court Practice Direction 133. She explains who can apply, what must be filed, how assets are managed post-discharge and the service requirements.
Watch: Discharge Application & Practice Direction HC133 Explained
Documentation prepared by the Office of Wards of Court
The Office of Wards of Court prepares the file for the hearing and provides the applicant or their solicitor with the relevant documents. These may include:
- the functional capacity assessment report
- the Schedule of Assets and Income
- any relevant court orders or medical reports
- a draft order using the appropriate sample provision
Under Practice Direction HC133, the applicant must lodge a booklet for hearing with the Court two weeks before the hearing, both electronically and in paper form. This booklet must contain Form WOC 2, the Notice of Motion, all affidavits and exhibits, the draft order, affidavits of service, previous orders and the most recent medical reports.
Sample order templates are available for:
Court hearing and discharge order
The hearing will be conducted as sympathetically as possible for the Relevant Person, in line with the Assisted Decision-Making (Capacity) Act 2015 (as amended). Solicitors should consult Practice Direction HC133 for full procedural guidance. HC133 replaces HC120 from 3 June 2025.
Possible outcomes
- Discharge with full capacity – no decision-making assistance required
- Discharge with a Co-Decision-Maker – a shared decision arrangement under section 55(1)(b)(i)
- Discharge with a Decision-Making Representative – court-appointed support under section 55(1)(b)(ii)
After a discharge order is made, any decision-making arrangement must be registered with the Decision Support Service (DSS) in accordance with the Act.
Full Webinar: Discharge from Wardship for Legal Practitioners
This webinar brings together Alice White, Mary Clare Butler (Deputy General Solicitor for Minors & Wards of Court) and others to provide a full walkthrough of the discharge process, from application through assessment, court hearing, tier of supports and post-discharge registration with the Decision Support Service.
Watch: Full Webinar – Discharge from Wardship for Legal Practitioners
