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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 26 April 2023 - onwards
Version 2 of 2

55. Declarations following review and discharge from wardship

(1) The wardship court, on an application being made to it under section 54(1), or pursuant to section 54(2) or (3), shall -

(a) declare that the ward does not lack capacity, or

(b) make one or more than one of the following declarations:

(i) that the ward lacks capacity, unless the assistance of a suitable person as a co-decision-maker is made available to him or her, to make one or more than one decision;

(ii) that the ward lacks capacity, even if the assistance of a suitable person as a co-decision-maker were made available to him or her.

(2) Where the wardship court makes a declaration pursuant to subsection (1)(a), it shall immediately discharge the ward from wardship and shall order that the property of the person the subject of the declaration be returned to him or her and give such directions as it thinks appropriate having regard both to the discharge and the circumstances of that person.