People who do not need the consent of the court to make a Capacity Application
If a person is looking to have a Decision-Making Representative appointed to make certain decisions on behalf of a Relevant Person, they must first check if they need the consent of the court to bring the application (called a ‘Consent Application’).
The following people do not need the consent of the court to make a Capacity Application:
- the Relevant Person
- the Director of the Decision Support Service
- the Relevant Person’s spouse or civil partner or co-habitant
- the Relevant Person’s adult child
- An existing decision supporter for the Relevant Person (a decision-making assistant, co-decision-maker, attorney or a designated healthcare representative)
- a person specified for that purpose in an existing order of the court under this Part where the application relates to that order
- if the application relates, whether in whole or in part, to the Relevant Person’s capacity to make a decision to consent to being married or to being in a civil partnership -
- a registrar within the meaning of section 17 of the Civil Registration Act 2004 , or
- the other party to the proposed marriage or civil partnership (if any), as the case may be, of the Relevant Person
If the applicant for a Capacity Application is not listed above, then they must first make an application for the consent of the Court to bring a Capacity Application (Consent Application).
Ministerial regulations may also list further persons or bodies who can make an application to the court for a declaration about a person’s capacity without needing to get the Court’s permission first.
People who need consent of the court to make a Capacity Application
If you are not one of the people listed in the above then you must first apply to the Circuit Court for consent to bring a Capacity Application.
Court fees must be paid on the Application before it can be issued by the office.
To make the Consent Application, you (or your solicitor) need to complete the necessary paperwork and submit it to the court office.
To make the Consent Application, you (or your solicitor) need to complete the necessary paperwork and submit it to the court office. You need to provide:
- An ex Parte Consent Application Form (Form 55G)
- A grounding affidavit. This must include details of any existing decision support arrangements and provide information as to why the application cannot be made by one of the persons who do not need the consent of the court to make an application.
- The grounding affidavit must exhibit the Capacity Application (Form 55A )and Statement of Particulars (Form 55B) intended to be filed if consent is given.
As the Consent Application is made ex parte, you do not need to notify anyone that you are making the application. The Court can adjourn the matter however and direct that you notify certain people.
If consent is granted, a copy of the Consent Order must be exhibited to the grounding affidavit of the Capacity Application when it is lodged with the Court Office.