Assisted Decision-Making (Capacity) Act 2015

Review of capacity of wards who are adults

54. (1) An application for a declaration under section 55 (1) in respect of a ward who has attained the age of 18 years by the date of commencement of this Part may, with the consent of the wardship court, be made to the wardship court at any time by—

(a) the ward,

(b) a relative or friend of the ward who has had such personal contact with the ward over such period of time that a relationship of trust exists between them, or

(c) such other person as appears to the wardship court to have a sufficient interest or expertise in the welfare of the ward.

(2) Notwithstanding subsection (1), the wardship court shall, within 3 years from the date of commencement of this Part, make a declaration under section 55 (1) in respect of a ward who—

(a) reaches the age of 18 years by that date, or

(b) reaches the age of 18 years within 2 years and 6 months from that date.

(3) Where a ward reaches the age of 18 years after the period specified in subsection (2)(b), the wardship court shall, within 6 months of the ward reaching that age, make a declaration under section 55 (1) in respect of the ward.