Where a person who has not executed an enduring power of Attorney is becoming mentally incapable of looking after their own affairs an application can be made to the President of the High Court to have the person made a Ward of Court. If the court is satisfied that the pesron is incapable of managing his or her affaris the President of the High Court will make an order taking that person into Wardship and will appoint a pesron callled “A Committee” with whom the Wards of Court Office will liaise with regarding decisions to be made about the Ward. The application to have someone made a Ward of Court is usually but not always made by a member of the persons family.
Unlike an Enduring Power of Attorney where the Donor has decided who is to look after their own affairs by way of a private legally binding document, an application and order making someone a Ward of Court is a public matter administered by the High Court.
There are other situations in which an application might be made to have someone made a Ward of Court, for example where a minor (a person under 18 years of age) has been awarded substantial damages by a court and has on-going care needs.
