A new study by the National Disability Authority shines a light on the experiences of people who are in the process of exiting or have exited the system of wardship and who are now living independently or availing of the new supported decision-making system.
Capacity legislation commenced in April 2023 triggered the process of dismantling the adult wardship system in Ireland. The new law required all adults that had been made a ward of court to exit wardship within three years. As part of this process, the court determines what, if any, decision-making supports the person requires when leaving the wardship system.
However, the transition from wardship has been slower than anticipated, with officials recognising that the three-year statutory deadline will no longer be met. Amending legislation will soon be introduced by the Department of Children, Disability and Equality, extending this deadline by a maximum of 18 months.
Data provided to the National Disability Authority shows that only 250 adults were discharged from wardship in the period between April 2023 and November 2025. Of the 2,173 people in wardship in April 2023, there were still 1,602 adults in wardship (almost 74%) at the end of November 2025.
Two significant barriers to engagement with the discharge process emerged from the study. The first relates to concerns around management of the former ward’s funds following discharge. Some families, acting as committees, were ‘terrified’ of moving from the ‘safety of the court’ to managing substantial financial funds following discharge. Second, there was a reluctance to embark on a new, unfamiliar system. Some expressed discontent that the same supports would not be available following discharge for both people in wardship and their committees.
Many wards of court and committees also reported on what appeared to be an information vacuum around the process of ending wardship. Some described how they ‘did not know’ or were ‘not sure’ either about the information provided or the transition process as a whole. This was despite substantial information provision by several public bodies. The study found that some wards of court and their committees overlooked or chose not to engage with the information provided.
Only five of the 27 wards of court who participated in the research had fully completed the discharge from wardship process. However, those who had been discharged spoke of ‘freedom’ and how they were in a position to make their own decisions in their day to day lives and live more independently. While the discharge brought a sense of empowerment, there was also fear and anxiety stemming from the responsibility of having to make decisions. While some people leaving wardship are deemed by the court to have capacity to make their own decisions, many of these same people have not had experience of doing so for many years.
Of the 250 people who have been discharged from wardship, most have been appointed a decision-making representative (78% by end of November 2025). Decision-making representatives are the highest tier of support available under the new capacity legislation and are responsible for making decisions on an individual’s behalf, based on their will and preferences. Over one in seven (13%) of those who exited wardship were discharged with no support arrangements as the court determined that the individual had decision-making capacity. Only 9% of those who left wardship were discharged with the support of a co-decision-maker, a supporter who jointly makes decisions with the former ward of court.
As part of the study, NDA researchers also observed over 60 court discharge hearings. This work suggested that a significant proportion (40%) of those discharging from wardship did not attend the court hearings observed. The discharge hearings observed highlighted significant efforts by the judiciary to make the court process more informal and accessible to wards of court. The court also considered and gave great weight to the will and preferences of the person exiting wardship. The significance of the discharge was also regularly underscored, with a judge noting on one occasion that the person exiting wardship “is now the captain of her own ship.”
Director of the National Disability Authority, Dr Aideen Hartney, acknowledged the significant efforts of numerous public bodies and stakeholders in promoting engagement with the discharge from wardship process. Sustained collaboration and momentum will be essential, however, in meeting the revised timeframe.
“The journey away from wardship is a necessary one for Ireland to achieve compliance with the UN Convention on the Rights of Persons with Disabilities. Participants who had been discharged from wardship without formal supports were enthusiastic about their new power to make decisions for themselves. But this journey is one of trepidation for some families, who are concerned about assuming additional responsibilities and moving away from a system which they have relied on for many years. Our research – which examines the real-life experiences of those leaving the wardship system – sets out key learnings and recommendations to address these concerns and apprehensions. We hope they will help chart the path forward.”