A new law that will give all adults with capacity issues the right to make key decisions about their health and finances comes into effect this week.
The Assisted Decision-Making Act will replace the Lunacy Regulation Act of 1871 and the associated Wards of Court system.
The act will be in line with the United Nations Convention on the Rights of People with Disabilities.
Chairperson of the Sage advocacy group for older people, vulnerable adults and healthcare patients, Patricia Rickard-Clarke, has said there are over 2,000 wards of court currently in Ireland.
Speaking on RTÉ's Morning Ireland, Ms Rickard-Clarke said the capacity of all wards of court will be reviewed under the new legislation, which she said is really important as the wards of court law was "archaic".
She said it "didn't have regard to the person's rights or the ability to make some decisions, so it was an all or nothing approach".
"So obviously the review is extremely important for those people," Ms Rickard-Clarke said.
"And then under the new legislation, there are various tiered arrangements depending on the level of capacity that a person can go into.
"And again, an obligation on the person and professionals, organisations, to support a person to make whatever decisions they can make and then to determine whether in what decisions they lack capacity.
"So, for wards of court, that review is essential. So, some wards will be totally discharged. They'll be able to make their own decisions.
"But for those who still need, they'll be streamed into one of the new arrangements."
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Ms Rickard-Clarke explained that under common law now there is a presumption that people have the capacity to make their own decisions "but we've ignored it".
"Now that presumption has a statutory force," she said.
"So, even if somebody needs support to make a decision, that presumption applies first and you don't assess the person's capacity to make decisions unless you've taken all the steps to support them to make the decision themselves.
"And then to decide which level of support that they need."
The High Court has held money on behalf of wards up to now but "all wards will be discharged".
Their money and property will be returned to them, Ms Rickard-Clarke said.
"Once a person came into wardship, their funds were taken into the court and invested then by the court," she said.
"Now under the UN Convention, all people have equal legal rights. They're entitled to own and inherit property, so that property will be returned.
"But obviously then, if the person is discharged fully, they'll manage their own money, they will get assistance themselves if they need, but if they go under one of the support arrangements, depending on the arrangements, then a suitable person will be appointed to look after those and help them manage those funds".
Ms Rickard-Clarke said the act provides for a discharge over a three-year period and in the meantime those wards that are still under the jurisdiction of the High Court will be facilitated and assisted.
A new organisation called the Decision Support Service will have oversight on decision supporters, Ms Rickard-Clarke said, as currently for wards there is very little supervision and oversight.
"Anyone can make a complaint to the Decision Support Service if a decision supporter is not carrying out their functions or is overstretching in terms of making decisions on behalf of person," she said.
"So all of those arrangements, it has taken a long time to introduce this legislation, but the delay had one advantage in the setting up of that office and putting in place systems to facilitate how it will work and the implementation of the act really, really important.
"But it is really important that people are supported to make their own decisions, that we have a lot of abuse in our financial abuse or abuse of people taking control over the decision-making when we should be supporting a person to make their own decisions."
