Form 55G - Ex-Parte application for court's consent: Assisted Decision-Making (Capacity) Act 2015
Form 55G is an ex-parte application made to the court seeking consent for decisions related to assisted decision-making under the Assisted Decision-Making (Capacity) Act 2015. This form is used when an application needs to be made without notice to another party involved in the capacity proceedings.
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Form 55G - Ex-Parte application for court's consent: Assisted Decision-Making (Capacity) Act 2015
Form 55G is an ex-parte application made to the court seeking consent for decisions related to assisted decision-making under the Assisted Decision-Making (Capacity) Act 2015. This form is used when an application needs to be made without notice to another party involved in the capacity proceedings.
Risk Radar
- The most common mistake is not providing sufficient evidence to justify why the application should be heard without notice to other parties.
- Insufficient justification for ex-parte application
- Failure to provide adequate supporting evidence
- Incorrect court jurisdiction
- Missing required signatures or oaths
Plain English
This form lets you ask a judge for permission to make certain decisions about someone's welfare or property when they have capacity issues. You use this when you need urgent court approval and can't wait to notify all parties involved.
Submission Date
- Ex-parte applications should be filed as soon as the urgent need arises, as courts typically require immediate attention. There are no fixed deadlines, but delays in submission may result in the urgent matter becoming less time-sensitive.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • Use when urgent court consent is needed without notice to other parties
- • Use when notifying other parties would cause harm or prejudice
- • Use for specific decisions related to property or welfare of a person with capacity issues
- • Use when the matter cannot wait for a standard application process
- • Do not use for routine capacity assessments or guardianship applications
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Standard guardianship application | Form 55 | For non-urgent guardianship orders | Check if your situation requires immediate action |
| Capacity assessment request | Form 10 | For formal assessment of decision-making capacity | Verify if you need court approval or just assessment |
| Enduring power of attorney application | Form 77 | For appointing decision-makers before capacity loss | Confirm if the person still has capacity to make this decision |
| Review of existing orders | Form 56 | For challenging or modifying existing arrangements | Determine if you need to change existing orders or seek new ones |
| Interim care orders | Form 55A | For temporary care arrangements in emergencies | Assess if your situation qualifies as an emergency requiring immediate intervention |
Deadline or filing window
Ex-parte applications should be filed as soon as the urgent need arises, as courts typically require immediate attention. There are no fixed deadlines, but delays in submission may result in the urgent matter becoming less time-sensitive.
Before you submit
- • Form is fully completed with all sections answered
- • Supporting evidence is attached and referenced
- • Application is properly sworn before a commissioner for oaths
- • Correct court registry is identified
- • Appropriate fees are paid
- • Copy of application is kept for your records
- • All parties potentially affected are considered in the application
How to file this form
- 1Complete all sections of Form 55G with accurate information
- 2Gather supporting evidence justifying the ex-parte application
- 3Have the application sworn/affirmed before a commissioner for oaths
- 4Determine the appropriate court registry (Circuit or High Court)
- 5Pay the required court fees
- 6Submit the application in person, by post, or through e-filing
- 7Obtain a receipt or proof of submission
Known limitations
- • The court may refuse to hear the application ex-parte if justification is insufficient
- • Ex-parte orders are typically interim and may require subsequent review
- • The form cannot be used to bypass proper notification requirements without valid reasons
- • Certain decisions may require additional forms or procedures
- • The court may impose conditions on any ex-parte consent granted
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This form is current under the Assisted Decision-Making (Capacity) Act 2015 framework, which replaced older guardianship legislation. Recent updates may have occurred to align with implementation of the new capacity legislation.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify the form version matches current court requirements
- • Check for any recent legislative changes affecting capacity applications
- • Confirm court fees haven't changed since the form was updated
- • Ensure contact details for the Courts Service are current
- • Check if e-filing options have expanded since the last update
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 05/04/25
Downloads
Form 55G - Ex-Parte application for court's consent: Assisted Decision-Making (Capacity) Act 2015
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After you file
- • Attend any scheduled court hearings
- • Keep copies of all court orders received
- • Monitor compliance with any conditions imposed by the court
- • Notify relevant parties of court decisions as appropriate
- • Seek legal advice if the application is refused or conditions are imposed
- • Prepare for any subsequent reviews of the court's decision
Source and verification log
- • Form name and number confirmed from Courts Service of Ireland
- • Purpose inferred from 'Ex-Parte application' and reference to Assisted Decision-Making Act
- • Submission methods based on standard court procedures
- • Jurisdiction details based on standard Irish court structure
- • Specific form requirements not confirmed in official source
- • Current form version not confirmed in official source
- • Recent changes to the form not confirmed in official source
- • Fee amounts not confirmed in official source
Common confusion points
7 things to watch for
- 1
Confusing ex-parte applications with standard notice-required applications
- 2
Uncertainty about which court has jurisdiction (Circuit vs High Court)
- 3
Misunderstanding what decisions require court consent under the Act
- 4
Not providing sufficient evidence of urgency or potential harm
- 5
Incorrectly completing sections about the person's capacity status
- 6
Failing to include all necessary supporting documentation
- 7
Not understanding that ex-parte orders are typically temporary
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