What to do if you are the Relevant Person
If you wish, you can reply to the Capacity Application by completing Form 55C. This form should have been given to you by the person who explained the application to you along with the Capacity Application and other documents.
You also have the choice to reply to the Capacity Application by way of a replying affidavit. This is a sworn statement in which you respond to the application.
If you oppose all or any part of the Capacity Application, the replying affidavit must specify which parts of the Capacity Application are opposed or not opposed and you should explain why they are being opposed. The affidavit should also verify any facts and exhibit any documents that are relied upon in opposing the Capacity Application.
A copy of the replying affidavit must be served on the applicant, the Relevant Person and on any other notice party at least seven days before the hearing date of the Capacity Application. A copy should also be sent to the court office
You have the right to attend the court hearing of any application to determine your capacity. If any special arrangements are required to allow you to take part in the hearing, the applicant must make the court office aware of this.
At the hearing, you can let the judge know your views and if you have any preferences about who your decision-making representative should be.
What to do if you are a notice party
If you wish, you can reply to the Capacity Application by way of a replying affidavit. This is a sworn statement in which you respond to the application.
If you oppose all or any part of the Capacity Application, the replying affidavit must specify which parts of the Capacity Application are opposed or not opposed, explain why they are being opposed. The affidavit should also verify any facts and exhibit any documents that are relied upon in opposing the Capacity Application.
A copy of the replying affidavit must be served on the applicant, the Relevant Person and on any other notice party at least seven days before the hearing date of the Capacity Application. A copy should also be sent to the court office.