Siblings say he lacks capacity to make decisions about finances including substantial inheritance
An intellectually disabled man prevented by court order from entering into a civil legal marriage has initiated a significant challenge aimed at having the High Court’s entire wardship jurisdiction struck down as unconstitutional.He is challenging two Acts - the Lunacy Regulation , which regulates the High Court’s wardship procedure, and the Marriage of Lunatics Act 1811, under which any marriage entered into by a ward of court is automatically void.
The man’s siblings and a charity providing residential and other services for him support wardship for reasons including six medical reports have all found he lacks capacity to make decisions about managing himself and his finances, which include a substantial inheritance. Those issues include whether the State will effectively immunise the man from any legal costs orders should he lose the challenge.
His side had sought an undertaking from the State not to seek costs if the man loses that case but the Chief State Solicitor had indicated the undertaking application was premature. Felix McEnroy SC, for the charity, said four consultant psychiatrists and two consultant psychologists have all reported the man meets the criteria for wardship in that he lacks capacity to manage himself and his finances.
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