This form is used to make an application to the court regarding a person's decision-making capacity under the Assisted Decision-Making (Capacity) Act 2015. It should be used when seeking court intervention in matters where a person's ability to make specific decisions is in question.
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This form is used to make an application to the court regarding a person's decision-making capacity under the Assisted Decision-Making (Capacity) Act 2015. It should be used when seeking court intervention in matters where a person's ability to make specific decisions is in question.
Plain English
This form helps you ask the court to get involved when someone's ability to make decisions is unclear. It's part of Ireland's updated approach to supporting people who need help with decisions, replacing older guardianship systems with more person-centered options.
Submission Date
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Guardianship application pre-2023 | Form 10A | No longer valid since implementation of new capacity legislation | Check if your case falls under old or new legislation |
| Decision support application | Form 55 | For less complex cases that don't require court orders | Form 55A is for court-ordered interventions |
| Review of existing order | Form 56 | When you need to change an existing decision-making arrangement | Form 55A is for initial applications |
| Emergency capacity order | Form 57 | For urgent situations requiring immediate court intervention | Form 55A is standard, non-urgent applications |
| Capacity assessment request | Form 58 | When you need a formal assessment without court orders | Form 55A is for court applications |
There are no strict deadlines for submitting this form, but applications should be made as soon as they're needed to address capacity concerns. Court processing times may vary, so allow sufficient time before any urgent decisions need to be made.
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This form is current under the Assisted Decision-Making (Capacity) Act 2015, which fully replaced older guardianship legislation in 2023.
Agency: Courts Service of Ireland
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Form 55A - Capacity Application Notice: Assisted Decision-Making (Capacity) Act 2015
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7 things to watch for
Confusion between different capacity application forms
Uncertainty about which court has jurisdiction
Misunderstanding the difference between supported and assisted decision-making
Not knowing who qualifies as a 'relevant person' in these proceedings
Confusion about the role of decision-making representatives
Uncertainty about medical evidence requirements
Not understanding notification requirements for other parties
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