Form 55D - Affidavit of Service on a relevant person: Assisted Decision-Making (Capacity) Act 2015
Form 55D is an affidavit used to formally document service of documents on a relevant person under the Assisted Decision-Making (Capacity) Act 2015. This form provides legal proof that documents were properly delivered to the relevant person in capacity proceedings.
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Form 55D - Affidavit of Service on a relevant person: Assisted Decision-Making (Capacity) Act 2015
Form 55D is an affidavit used to formally document service of documents on a relevant person under the Assisted Decision-Making (Capacity) Act 2015. This form provides legal proof that documents were properly delivered to the relevant person in capacity proceedings.
Risk Radar
- Failure to properly witness the affidavit renders it invalid for court purposes.
- Incorrect identification of the relevant person
- Failure to use proper service methods as required by law
- Missing witness signature or proper witnessing
- Incomplete information about the documents served
Plain English
This form is a sworn statement confirming that legal documents have been delivered to someone involved in a decision-making capacity case. It's used when you need to prove that all parties have received the necessary paperwork for the court process.
Submission Date
- File the affidavit promptly after serving documents, typically before any scheduled court hearing. Strict deadlines may apply if the court has set specific timelines for service in your case.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
What this form is for
- • Use when serving documents on a relevant person in capacity proceedings
- • Required when formal proof of service is needed for the court record
- • Different from standard affidavit forms as it specifically addresses service under the Capacity Act
- • Not for use in other types of court proceedings outside of assisted decision-making cases
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Serving documents on an ordinary party in civil proceedings | Form 10 - Affidavit of Service | Different legal framework and requirements | Check if your case falls under the Capacity Act |
| Emergency protection order applications | Form 55A - Emergency Protection Order | Different legal procedures and urgency | Confirm the nature of your application |
| Applying for guardianship under the old Mental Health Act | Form 55 - Application for Guardianship | Different legislation and processes | Verify which legislation applies to your situation |
| Notifying interested parties in capacity proceedings | Form 55B - Notice to Interested Parties | Different purpose and requirements | Confirm whether you need service or notification |
| Applying for a decision-making representative order | Form 55C - Application for Decision-Making Representative Order | Different application process | Check if you're applying or serving documents |
Deadline or filing window
File the affidavit promptly after serving documents, typically before any scheduled court hearing. Strict deadlines may apply if the court has set specific timelines for service in your case.
Before you submit
- • Form completed in full with all required sections filled
- • Details of documents served accurately listed
- • Method and date of service clearly stated
- • Relevant person properly identified
- • Signature of person making the affidavit
- • Signature of authorized witness/commissioner for oaths
- • Court filing fee paid if applicable
- • Copy retained for personal records
How to file this form
- 1Complete all sections of Form 55D with accurate information
- 2Have the affidavit properly witnessed by a commissioner for oaths or other authorized person
- 3Prepare the required court filing fee if applicable
- 4Submit the completed affidavit to the relevant court office
- 5Obtain a stamped copy or filing receipt as proof of submission
- 6Serve a copy on other parties if required by court rules
- 7Keep the original and a copy for your records
Known limitations
- • This form only applies to proceedings under the Assisted Decision-Making (Capacity) Act 2015
- • Service methods must comply with specific requirements in the Capacity Act
- • The affidavit must be properly witnessed to be valid for court purposes
- • Does not replace the need for other required court documents in your case
- • Electronic filing options may be limited depending on the court location
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✦ Open in AI EditorCurrent Form Status
This form is current and in use under the Assisted Decision-Making (Capacity) Act 2015. No recent changes have been confirmed in official sources.
Agency: Courts Service of Ireland
What changed or needs a fresh check
- • Verify you're using Form 55D specifically for the Assisted Decision-Making (Capacity) Act 2015
- • Check that all references to legislation cite the 2015 Act, not older capacity legislation
- • Confirm the current fee structure for filing affidavits with the court
- • Ensure witness requirements comply with current court procedures
- • Check if electronic filing options are available for your court location
Quick Facts
Form Details
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 08/04/25
Downloads
Form 55D - Affidavit of Service on a relevant person: Assisted Decision-Making (Capacity) Act 2015
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After you file
- • Monitor court dates for your case
- • Check for any responses or communications from the court
- • Prepare for any scheduled hearings related to the capacity proceedings
- • Keep track of all documents served and filed dates
- • Contact the court if you haven't received confirmation of filing within expected timeframe
Source and verification log
- • Form name and number confirmed from provided information
- • Issuing agency confirmed as Courts Service of Ireland
- • Related legislation confirmed as Assisted Decision-Making (Capacity) Act 2015
- • Purpose confirmed as affidavit of service on relevant person
- • Specific service requirements not confirmed in official source
- • Current filing fees not confirmed in official source
- • Electronic filing options not confirmed in official source
- • Witness requirements not confirmed in official source
Common confusion points
8 things to watch for
- 1
Confusing this form with standard affidavits used in other court proceedings
- 2
Uncertainty about who qualifies as a 'relevant person' under the Capacity Act
- 3
Misunderstanding the proper methods for serving documents legally
- 4
Not realizing the affidavit must be witnessed to be valid
- 5
Confusing service requirements with notification procedures
- 6
Uncertainty about whether electronic filing is accepted
- 7
Not understanding the difference between serving documents and filing with court
- 8
Confusion about when this form is required versus other forms in capacity proceedings
Related Guides & Resources
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Irish COURTS form Affidavit of Attesting Witness (for minors aged 13 and under): Form for Affidavit of Attesting Witness (for minors aged 13 and under).
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