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Form 55I - Affidavit in support of application: Assisted Decision-Making (Capacity) Act 2015

Form 55I is an affidavit supporting applications under the Assisted Decision-Making (Capacity) Act 2015. It provides sworn evidence to help the court understand a person's decision-making abilities and need for assistance.

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Form Overview

Form 55I - Affidavit in support of application: Assisted Decision-Making (Capacity) Act 2015

Form 55I is an affidavit supporting applications under the Assisted Decision-Making (Capacity) Act 2015. It provides sworn evidence to help the court understand a person's decision-making abilities and need for assistance.

The form captures detailed information about a person's decision-making capacity, daily functioning, and specific areas where they may need assistance.

Risk Radar

  • The most common mistake is providing vague generalizations instead of specific examples of decision-making challenges.
  • Incomplete information about the person's decision-making abilities
  • Lack of specific examples of decision-making challenges
  • Failure to include relevant medical or professional assessments
  • Not having the form witnessed properly

Plain English

This is a sworn statement that explains someone's ability to make decisions. It's used when someone needs help with decisions, and you want the court to understand their situation clearly.

Submission Date

  • Submit this form with your initial court application or within the timeframe specified by the court if requested during proceedings. There is no fixed deadline outside of court requirements.
  • 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

Hover a term to preview the meaning.

What this form is for

  • Use when applying for a decision-making order for an adult
  • Required when seeking to establish or vary assisted decision-making arrangements
  • Necessary when there are concerns about a person's capacity to make specific decisions
  • Used in applications for guardianship or other court-ordered supports
  • Required when challenging an existing decision-making arrangement

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Guardianship applicationForm 55GFor situations where full decision-making authority is neededCheck if the person needs full decision-making support or just assistance with specific decisions
Application for revocation of orderForm 55RWhen seeking to end an existing assisted decision-making arrangementVerify the grounds for revocation meet legal requirements
Application to vary orderForm 55VWhen seeking to change the scope of an existing decision-making arrangementConfirm what specific changes are needed and why
Capacity assessment reportForm 55CWhen a formal assessment of decision-making capacity is requiredEnsure the assessment is conducted by a qualified professional

Deadline or filing window

Submit this form with your initial court application or within the timeframe specified by the court if requested during proceedings. There is no fixed deadline outside of court requirements.

Before you submit

  • All sections completed with specific examples
  • Form properly witnessed by authorized person
  • Supporting documentation included where relevant
  • Copies made for your records
  • Court fees paid if required
  • Completed in the correct format and version
  • Personal details of all parties accurate and up-to-date

How to file this form

  1. 1Obtain the correct version of Form 55I from the Courts Service website
  2. 2Complete all sections with detailed, specific information about the person's decision-making abilities
  3. 3Have the form witnessed by a commissioner for oaths or notary public
  4. 4Prepare supporting documentation and evidence
  5. 5Submit the form with your court application to the appropriate court office
  6. 6Keep copies of all submitted documents for your records

Known limitations

  • The form cannot be used to make medical diagnoses
  • It does not replace professional capacity assessments in complex cases
  • The affidavit alone may not be sufficient without supporting evidence
  • It cannot be used to challenge medical opinions without proper expertise
  • The form must be completed based on personal knowledge or reliable information

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Current Form Status

The form remains current under the Assisted Decision-Making (Capacity) Act 2015, which has been fully implemented since 2020, replacing previous capacity legislation.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Updated to reflect the full implementation of the Assisted Decision-Making (Capacity) Act 2015
  • Revised guidance on documenting specific decision-making abilities
  • Updated requirements for supporting evidence
  • Clarified sections on personal welfare decisions
  • Added references to the Decision-Making Capacity Act 2015 procedures

Quick Facts

This form is typically completed by someone with knowledge of the person's decision-making abilities, such as a family member, healthcare professional, or social worker.
The form captures detailed information about a person's decision-making capacity, daily functioning, and specific areas where they may need assistance.
Submit this form when making an application to the court under the Assisted Decision-Making (Capacity) Act 2015, typically when seeking to establish or vary decision-making arrangements.
Submit this form to the Circuit Court or High Court handling the assisted decision-making application, either in person at the court office or by post as specified by the court.
Submitting a complete and accurate affidavit ensures the court has all necessary information to make informed decisions about a person's decision-making capacity and needs.
Complete the form with specific details about the person's abilities and limitations. Sign it in the presence of a commissioner for oaths or notary public. Include supporting evidence where available and submit it with your court application.

Form Details

Agency
Courts Service of Ireland
Revision Date
03/04/25

Form 55I - Affidavit in support of application: Assisted Decision-Making (Capacity) Act 2015

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After you file

  • Await acknowledgment from the court
  • Prepare for any court hearings if required
  • Monitor the progress of your application
  • Respond promptly to any requests for additional information
  • Keep records of all communications with the court
  • Seek legal advice if the application is contested

Source and verification log

  • Form published by the Courts Service of Ireland
  • Based on the Assisted Decision-Making (Capacity) Act 2015
  • Intended for use in Circuit Court and High Court proceedings
  • Replaces previous capacity legislation forms
  • Not confirmed in official source: specific witnessing requirements
  • Not confirmed in official source: exact processing times
  • Not confirmed in official source: current court fees
  • Not confirmed in official source: digital submission options

Common confusion points

7 things to watch for

  • 1

    Confusing this form with medical capacity assessment forms

  • 2

    Uncertainty about who can complete and witness the affidavit

  • 3

    Not understanding the difference between capacity and decision-making ability

  • 4

    Difficulty providing specific examples rather than general statements

  • 5

    Uncertainty about what level of detail is required

  • 6

    Confusion about which court has jurisdiction

  • 7

    Not knowing when additional supporting evidence is needed

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