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Form 55A - Capacity Application Notice: Assisted Decision-Making (Capacity) Act 2015

This form is used to make an application to the court regarding a person's decision-making capacity under the Assisted Decision-Making (Capacity) Act 2015. It should be used when seeking court intervention in matters where a person's ability to make specific decisions is in question.

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Form Overview

Form 55A - Capacity Application Notice: Assisted Decision-Making (Capacity) Act 2015

This form is used to make an application to the court regarding a person's decision-making capacity under the Assisted Decision-Making (Capacity) Act 2015. It should be used when seeking court intervention in matters where a person's ability to make specific decisions is in question.

The form captures information about the person whose capacity is in question, the specific decisions they may need help with, and the orders being sought from the court.

Risk Radar

  • The most common mistake is failing to include sufficient medical evidence about the person's capacity.
  • Incomplete information about the person's capacity
  • Missing supporting medical evidence
  • Incorrect court jurisdiction for your application
  • Failure to notify all relevant parties

Plain English

This form helps you ask the court to get involved when someone's ability to make decisions is unclear. It's part of Ireland's updated approach to supporting people who need help with decisions, replacing older guardianship systems with more person-centered options.

Submission Date

  • There are no strict deadlines for submitting this form, but applications should be made as soon as they're needed to address capacity concerns. Court processing times may vary, so allow sufficient time before any urgent decisions need to be made.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

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What this form is for

  • Use when you need court orders for decision-making support
  • Use when informal arrangements aren't working
  • Use when specific decisions need court oversight
  • Use when applying for a decision-making representative
  • Use when challenging an existing capacity assessment
  • Use when the High Court or Circuit Court needs to intervene

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Guardianship application pre-2023Form 10ANo longer valid since implementation of new capacity legislationCheck if your case falls under old or new legislation
Decision support applicationForm 55For less complex cases that don't require court ordersForm 55A is for court-ordered interventions
Review of existing orderForm 56When you need to change an existing decision-making arrangementForm 55A is for initial applications
Emergency capacity orderForm 57For urgent situations requiring immediate court interventionForm 55A is standard, non-urgent applications
Capacity assessment requestForm 58When you need a formal assessment without court ordersForm 55A is for court applications

Deadline or filing window

There are no strict deadlines for submitting this form, but applications should be made as soon as they're needed to address capacity concerns. Court processing times may vary, so allow sufficient time before any urgent decisions need to be made.

Before you submit

  • Verify all personal details are correct
  • Include current medical evidence about capacity
  • Specify exactly which decisions are in question
  • Confirm you've notified all relevant parties
  • Check court jurisdiction matches your application type
  • Ensure all signatures are present and dated
  • Include the correct filing fee if applicable

How to file this form

  1. 1Obtain the latest version of Form 55A from the Courts Service website
  2. 2Complete all sections with accurate information
  3. 3Gather supporting medical evidence and documentation
  4. 4Determine the appropriate court jurisdiction for your application
  5. 5Submit the completed form to the relevant court office
  6. 6Pay any required fees
  7. 7Keep a copy of your submission for records

Known limitations

  • This form cannot be used for emergency situations requiring immediate intervention
  • It doesn't replace the need for proper medical assessments
  • The form may not be suitable for all types of capacity matters
  • Court decisions based on this form may be appealed
  • The form doesn't guarantee specific outcomes from the court

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Current Form Status

This form is current under the Assisted Decision-Making (Capacity) Act 2015, which fully replaced older guardianship legislation in 2023.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Updated to reflect full implementation of Assisted Decision-Making legislation
  • Removed references to old guardianship terminology
  • Added clarification on notification requirements
  • Updated guidance on medical evidence requirements
  • Revised sections on court jurisdiction
  • Added information on decision-making representatives

Quick Facts

The form should be completed by someone who wishes to make an application to the court regarding another person's decision-making capacity, such as a family member, healthcare professional, or concerned individual.
The form captures information about the person whose capacity is in question, the specific decisions they may need help with, and the orders being sought from the court.
This form should be submitted when you need court intervention in a capacity matter, typically when informal arrangements aren't working or when specific court orders are required to address capacity concerns.
The form should be submitted to the relevant Circuit Court or High Court office in Ireland, depending on the nature of the application. Check the Courts Service website for specific submission locations.
Submitting this form correctly ensures your application is processed without unnecessary delays. Errors or omissions could result in the court rejecting the application or requiring additional submissions.
Complete the form with all required details about the person in question and the specific capacity issues. Attach any supporting documentation and submit it to the appropriate court office. Keep a copy for your records.

Form Details

Agency
Courts Service of Ireland
Revision Date
11/04/25

Form 55A - Capacity Application Notice: Assisted Decision-Making (Capacity) Act 2015

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After you file

  • Wait for acknowledgment from the court
  • Prepare for potential court hearings
  • Notify all relevant parties of the application
  • Keep copies of all correspondence with the court
  • Be ready to provide additional information if requested
  • Monitor the progress of your application through the court system

Source and verification log

  • Form published by Courts Service of Ireland
  • Based on Assisted Decision-Making (Capacity) Act 2015
  • Replaced previous guardianship legislation
  • Part of Ireland's capacity law reforms
  • Not confirmed in official source: specific processing times
  • Not confirmed in official source: exact filing fees
  • Not confirmed in official source: detailed medical evidence requirements

Common confusion points

7 things to watch for

  • 1

    Confusion between different capacity application forms

  • 2

    Uncertainty about which court has jurisdiction

  • 3

    Misunderstanding the difference between supported and assisted decision-making

  • 4

    Not knowing who qualifies as a 'relevant person' in these proceedings

  • 5

    Confusion about the role of decision-making representatives

  • 6

    Uncertainty about medical evidence requirements

  • 7

    Not understanding notification requirements for other parties

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