Forms you need to complete a Capacity Application

To make the Capacity Application, you (or your solicitor) need to complete the necessary paperwork and submit it to the court office.

You should send in the original documents to the court office along with copies to be served on the Relevant Person and any notice parties.

You need the following three forms.

Capacity Application - Form 55A

This form contains:

• The name of the Circuit and County you are applying in, e.g., Eastern Circuit, Kildare (See table below)
• Details of the Relevant Person and the applicant(s)
• Details of the Orders being sought
• Name and address of any person (Notice Party) who must be notified of the application.

Download Form 55A

Statement of Particulars - Form 55B

This form contains:

• Who is making the application and their connection to the Relevant Person
• The reason for the application
• The benefit to the Relevant Person in making the application
• An explanation as to why less intrusive options (for example, a lower tier of support) cannot be taken
• Details of any relevant support agreements, instrument, or court orders affecting the Relevant Person
• Details of the Relevant Person’s past and present will and preference in relation to the decisions concerned
• Details of any particular needs the Relevant Person may have in relation to the decisions concerned
• Where the decision concerns the Relevant Person’s property and affairs – details of their assets, liabilities, income, and expenditure.
• Details of any proposed co-decision-maker or decision-making representative

Download Form 55B

Grounding Affidavit - Form 55I

This form contains:

• A Capacity Report - (a report from a medical practitioner or other healthcare professional on the capacity of the Relevant Person)
• A copy of the Consent Order (where consent to the making of the Capacity Application was needed and was granted)
• Any document referred to in the Statement of Particulars
• Copies of other orders under the Act in relation to the Relevant Person
• Copies or details of other decision-support arrangements made by the Relevant Person
• Copies of other relevant correspondence and documents relevant to the application

Download Form 55I

Where to send your completed forms

The Capacity Application must be submitted to the court office in the county where the Relevant Person:

1. Is residing at the time the application is made
2. Is carrying on business at the time the application is made, or
3. Has resided at any time within the period of three years immediately prior to the making of the application.

See the table below for a list of Circuits and offices by county.

List of Circuit Court Offices