Capacity Application Information Guides

We have developed a set of three user guides to assist you before, during, and after making a capacity application in the Circuit Court. Depending on where you are in the application process, please click on the relevant tab and select the guide that suits your needs. Use our eligibility checker to see if you need to get Consent from the Court before making a Capacity Application.


This guide is for people considering making a Capacity Application on behalf of someone in their life who needs the support of another to make specific decisions, also known as the Relevant Person. It provides you with resources, information and other things to consider to help you determine if this is the right option for the Relevant Person. This is the first in a series of guides designed to assist people making a Capacity Application under ADMC.

This guide is for people who are making a capacity application and are completing the Capacity Application (Form 55A) and Statement of Particulars (Form 55B) forms. It provides you with resources and guidance to complete these forms, which combine to form part of a Capacity Application. This is the second in a series of guides designed to assist people making a Capacity Application under ADMC.

This guide is for people who have filled in, printed and signed their Capacity Application and Statement of Particulars forms. It provides you with some helpful information and outlines the four steps you need to take once you have completed the forms. This is the third and final guide in this series, designed to assist people making a Capacity Application under ADMC.

 

 

 

 

 

 

 

Check if you can apply

If you would like to check if you are eligible to make a Capacity Application under ADMC, you can use our quick ‘Eligibility checker’ tool.

                                 

Check if you require consent of the Court to submit a Capacity Application

Only certain people can make a Capacity Application under the Assisted Decision Making (Capacity) Act without prior consent from the court.

Answer the following questions to check if you need to get consent from the court to make an application.

Please select the option that best describes your relationship to the Relevant Person

Decision Supporters for the Relevant Person

Their decision-making assistant, decision-making representative or co-decision-maker.

Please select the option that best describes your relationship to the Relevant Person

Decision Supporters for the Relevant Person

Their designated healthcare representative or their attorney acting under an enduring power of attorney.

Please select the option that best describes your relationship to the Relevant Person

Other Relationship types to the Relevant Person

A person specified for that purpose in an existing order of the court under this Part where the application relates to that order.
A person/body prescribed by Ministerial regulations under section 36(4)(k).

Please select the option that best describes your relationship to the Relevant Person

Proposed Marriage or Civil Partnership

Is your Capacity Application in relation to, whether in whole or in part, the Relevant Person's capacity to make a decision to consent to being married or to being in a civil partnership?

Please select the option that best describes your relationship to the Relevant Person

Proposed Marriage or Civil Partnership

Are you 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)?

Please select the option that best describes your relationship to the Relevant Person

Family and Personal Relationships to the Relevant Person

Their spouse, civil partner, co-habitant or adult child.

Please select the option that best describes your relationship to the Relevant Person

Family and Personal Relationships to the Relevant Person

Their parent, guardian, sibling, nephew or niece.

Please select the option that best describes your relationship to the Relevant Person

Personal Relationships to the Relevant Person

Neighbour or friend.

Getting help