Official form guide
Form 55A - Capacity Application Notice: Assisted Decision-Making (Capacity) Act 2015
Form 55A is a Capacity Application Notice used under the Assisted Decision‑Making (Capacity) Act 2015. It is filed in the Circuit Court when someone seeks a declaration that a Relevant Person lacks capacity or wants the court to appoint a decision‑making representative.
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Form Overview
Courts Service of Ireland - Form 55A - Capacity Application Notice: Assisted Decision-Making (Capacity) Act 2015
Form 55A is a Capacity Application Notice used under the Assisted Decision‑Making (Capacity) Act 2015. It is filed in the Circuit Court when someone seeks a declaration that a Relevant Person lacks capacity or wants the court to appoint a decision‑making representative.
Risk Radar
Scan points- 1Missing the seven‑day delivery window is the most common mistake.
- 2Failing to provide the required seven‑day notice before the hearing
- 3Leaving any mandatory section blank (e.g., party details or order selection)
- 4Not attaching Form 55B when a suitable decision‑making representative is identified
- 5Submitting the form to the wrong court office or address
Plain English
If you need the court to decide that a person cannot make certain decisions on their own – for example about personal welfare or property – you fill out this form. It tells the court who the person is, what kind of order you are asking for, and whether there is a suitable co‑decision maker available.
Submission Date
- Filing date: Copies of the completed Form 55A must reach the Court Office and the other parties at least seven days before the scheduled hearing date.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- When you need a court declaration that a Relevant Person lacks capacity under the Act.
- When you are applying for the court to appoint a decision‑making representative for the Relevant Person.
- When you are seeking an urgent or interim order (sections 38(2)(a), 38(2)(b) or 48) on the Relevant Person's behalf.
- If you have identified a suitable person to act as a decision‑making representative, you must indicate this on the form (or use Form 55B for details).
- Use this form if you are the applicant, not the Relevant Person themselves (they would use Form 55C).
Form selector
Use this form or another form?
Relevant Person wants to respond to the application
Allows the person concerned to reply to the capacity notice
✓ Verify the Relevant Person is the one completing it
Need to provide details of a suitable decision‑making representative
Complements Form 55A by giving the representative's information
✓ Ensure you have the representative's consent
Application is for a simple capacity declaration only
No additional representative details required
✓ Confirm no need for Form 55B
Application involves High Court matters
Circuit Court form is not appropriate for High Court jurisdiction
✓ Check the correct court before proceeding
Deadline or filing window
Copies of the completed Form 55A must reach the Court Office and the other parties at least seven days before the scheduled hearing date.
Before you submit
- 1All applicant and Relevant Person contact details (name, address, eircode, email, phone) are entered.
- 2Circuit residency/business residency information is provided where applicable.
- 3The correct declaration(s) and order(s) are ticked and fully described.
- 4If a suitable decision‑making representative is known, details are supplied or Form 55B is attached.
- 5Applicant(s) and any solicitor have signed and dated the form.
- 6Court fee stamp is affixed in the designated area.
- 7Copies of the completed form are sent to the Court Office and to the applicant/solicitor at least 7 days before the hearing.
- 8Any supporting evidence (affidavit, medical reports) is ready for the hearing.
- 9Check that the solicitor’s contact details are correct if legal representation is used.
How to file this form
- 1Download the current Form 55A from the Courts Service of Ireland website or collect it from the Circuit Court office.
- 2Complete the applicant and Relevant Person sections, including residency and contact information.
- 3Select the appropriate declaration(s) and order(s) and provide the required details for each.
- 4Attach Form 55B if you have identified a suitable decision‑making representative.
- 5Have the applicant(s) and any solicitor sign and date the form.
- 6Affix the required court fee stamp in the designated area.
- 7File the form with the Circuit Court office and serve copies to all parties at least seven days before the hearing date.
Known limitations
- 1The form is only for use in the Circuit Court; other courts require different forms.
- 2It cannot be completed by the Relevant Person themselves – they must use Form 55C to reply.
- 3A suitable decision‑making representative must be identified for orders that require one; otherwise the application may be rejected.
- 4Legal advice is recommended; the form includes a note to consider it.
- 5The form does not cover matters outside the Assisted Decision‑Making (Capacity) Act 2015.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->Form 55A is the current Circuit Court form for capacity applications under the Assisted Decision‑Making (Capacity) Act 2015. No recent amendment is noted in the source.
What changed or needs a fresh check
- Confirm you are using the latest Circuit Court version of Form 55A.
- Check that the Court Fee Stamp area is filled and the appropriate fee is paid.
- Verify the date, time, venue and record number fields are completed by the Court Office.
- Ensure any reference to Form 55B (suitable person) is included if required.
- Review the declaration sections (37(1)(a), 37(1)(b), 37(3)) to match the order you are seeking.
Quick Facts
Form Details
- Revision date
- 11/04/25
Sources
- SRCForm title, number and issuing agency confirmed from page 1.
- SRCApplicant and Relevant Person detail fields listed on page 2.
- SRCCircuit residency/business residency questions appear on page 3.
- SRCDeclaration sections (37(1)(a), 37(1)(b), 37(3)) and order options (sections 38, 48) identified on pages 3‑5.
- SRCRequirement to attach Form 55B for a suitable person noted on page 6.
- SRCInstruction to send copies at least seven days before hearing found on page 7.
- SRCSignature block for applicant and solicitor detailed on page 8.
- SRCNot confirmed in official source: any recent amendments or version numbers beyond the PDF provided.
Common confusion points
Leaving the Court Fee Stamp area blank or not paying the correct fee.
Mixing up Form 55A with Form 55B (details of the representative) or Form 55C (reply by Relevant Person).
Failing to indicate whether the Relevant Person resides or carries on business in the circuit, which is required on page 3.
Not ticking the correct declaration sections (37(1)(a), 37(1)(b), 37(3)) for the intended order.
Omitting the required signatures of the applicant(s) and/or solicitor.
Not sending copies to the Court and the applicant/solicitor at least seven days before the hearing.
Providing incomplete details of a suitable decision‑making representative when required.
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