ABSTRACT
This chapter presents Claire Hendrick's story. Claire's story illustrates the legal barriers which arise for persons with disabilities who are subjected to guardianship and denied the right to make personal decisions. A status based assessment is undertaken to assess capacity which 'focuses on factors extraneous to the person, like having a disability of any kind, and assumes, without foundation, that incapacity is inherent part of that status'. In considering an application for Wardship, the High Court must also be satisfied that an individual is 'of unsound mind' and incapable of managing his or her affairs, as determined on the basis of medical evidence. Claire's story demonstrates the conflict experienced by person who has been made Ward and the tension which arises between exercising one's personal free will against the discretion of the Court and the Committee of the Ward.
