Assisted Decision-Making (Capacity) (Amendment) Act 2022

Insertion of new section 54A into Principal Act

44. The Principal Act is amended by the insertion of the following section after section 54:

“Assistance to ward during proceedings

54A. (1) The wardship court, on application being made to it under section 54(1), or in proceedings pursuant to section 54(2) or 54(3), may allow the ward, if he or she has not instructed a legal practitioner, and subject to section 100(13), to be assisted in court by a court friend for the ward unless, subject to sections 100(14) and 103(15A), there is another person (in this section referred to as a ‘court assistant’) in respect of whom the court, having regard to the known will and preferences of the ward, is satisfied that such person is suitable, willing and able to assist the ward during the course of the hearing.

(2) Where, on an application being made to the wardship court under section 54(1), or in proceedings pursuant to section 54(2) or 54(3)—

(a) the ward the subject of the application or proceedings has not instructed a legal practitioner,

(b) there is no court friend for the ward, and

(c) there is no court assistant in respect of the ward,

the wardship court may direct the Director to appoint a court friend for the ward.

(3) Proceedings under section 54 shall be conducted with the least amount of formality consistent with the proper administration of justice.”.