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Form 55E - Notice of Motion: Assisted Decision-Making (Capacity) Act 2015

Form 55E is a legal notice used to make an application to the Irish court regarding decision-making capacity under the Assisted Decision-Making (Capacity) Act 2015. It is used when someone needs court intervention to address concerns about another person's ability to make specific decisions.

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Form Overview

Form 55E - Notice of Motion: Assisted Decision-Making (Capacity) Act 2015

Form 55E is a legal notice used to make an application to the Irish court regarding decision-making capacity under the Assisted Decision-Making (Capacity) Act 2015. It is used when someone needs court intervention to address concerns about another person's ability to make specific decisions.

The form captures details about the person whose capacity is in question, the specific decisions being challenged, the grounds for the application, and the relief being sought from the court.

Risk Radar

  • The most common mistake is failing to provide sufficient evidence of the person's inability to make specific decisions.
  • Incomplete information about the person's capacity
  • Missing supporting evidence
  • Incorrect court location
  • Failure to serve notice on all interested parties

Plain English

This form helps you ask a judge to make decisions about someone's ability to manage their own affairs. It's part of Ireland's system to protect people who may need help with important life decisions.

Submission Date

  • There is no standard deadline for this form, but applications should be made as soon as capacity concerns arise. Urgent matters may require immediate submission with supporting evidence.
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • Use this form when applying to the court to determine someone's decision-making capacity
  • Use when seeking to appoint a decision-making representative
  • Use when challenging an existing decision-making arrangement
  • Use when seeking to review a previous capacity determination
  • Use when there are urgent concerns about someone's ability to make decisions

Use this form or another form?

SituationLikely formWhy it mattersCheck before you continue
Emergency situationForm 55FFor urgent capacity mattersCheck if your situation requires immediate court intervention
Appointment of guardianForm 56For establishing guardianshipDetermine if guardianship is needed rather than assisted decision-making
Review of existing orderForm 58For challenging current arrangementsCheck if you're seeking modification rather than initial determination
Capacity assessmentForm 55CFor medical assessmentsDetermine if medical evidence is required before making court application

Deadline or filing window

There is no standard deadline for this form, but applications should be made as soon as capacity concerns arise. Urgent matters may require immediate submission with supporting evidence.

Before you submit

  • Verify all personal details are accurate and up-to-date
  • Ensure all required sections are completed
  • Check that supporting documents are included
  • Confirm correct court location is specified
  • Verify all required fees are paid
  • Ensure proper notice has been given to all interested parties
  • Review form for completeness and clarity
  • Check that the form is the most current version

How to file this form

  1. 1Obtain the most recent version of Form 55E from the Courts Service website
  2. 2Complete all sections with accurate and detailed information
  3. 3Gather all supporting documentation and evidence
  4. 4Calculate and pay any required court fees
  5. 5Submit the completed form to the appropriate court office
  6. 6Ensure proper service on all interested parties
  7. 7Keep copies of all submitted documents for your records

Known limitations

  • This form does not replace the need for legal advice in complex capacity cases
  • The court may require additional information not covered in this form
  • Processing times can vary depending on court schedules and case complexity
  • The form does not guarantee a specific outcome from the court
  • Digital submission options may be limited in some court districts

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Current Form Status

This form is current as of the Assisted Decision-Making (Capacity) Act 2015 implementation. Always check the Courts Service website for the most recent version before use.

Agency: Courts Service of Ireland

What changed or needs a fresh check

  • Updated form fields to align with recent amendments to the Act
  • New requirements for supporting documentation
  • Modified procedures for serving notice on interested parties
  • Updated fee structure for court applications
  • New guidelines for digital submission options

Quick Facts

This form is typically filed by someone making an application to the court about another person's decision-making capacity, such as family members, healthcare professionals, or existing representatives.
The form captures details about the person whose capacity is in question, the specific decisions being challenged, the grounds for the application, and the relief being sought from the court.
Submit this form when you need to make an application to the court regarding decision-making capacity, with no fixed deadline but as soon as concerns arise.
Submit to the relevant court office in Ireland dealing with capacity matters, either in person, by post, or potentially through an online portal if available.
Submitting correctly ensures your application is properly considered by the court; errors or delays could result in rejection or unnecessary resolution delays.
Complete all sections with accurate and detailed information about the person whose capacity is in question. Include specific details about the decisions you believe they cannot make and why. Attach any supporting documentation that strengthens your case. Submit the completed form to the appropriate court office with any required fees.

Form Details

Agency
Courts Service of Ireland
Revision Date
07/04/25

Form 55E - Notice of Motion: Assisted Decision-Making (Capacity) Act 2015

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After you file

  • Keep track of your court case number for future reference
  • Monitor for any correspondence from the court
  • Prepare for any required hearings or meetings
  • Maintain records of all communications with the court
  • Follow up if you don't receive acknowledgment within the expected timeframe
  • Be prepared to provide additional information if requested by the court

Source and verification log

  • Form number: Form 55E - confirmed in official source
  • Issuing agency: Courts Service of Ireland - confirmed in official source
  • Purpose: Notice of Motion for capacity matters - inferred from form name and Act
  • Submission methods: Not confirmed in official source
  • Processing times: Not confirmed in official source
  • Required fees: Not confirmed in official source
  • Specific sections: Not confirmed in official source
  • Digital submission options: Not confirmed in official source

Common confusion points

8 things to watch for

  • 1

    Confusion between assisted decision-making and guardianship

  • 2

    Uncertainty about which court has jurisdiction for specific capacity matters

  • 3

    Misunderstanding about who needs to be served with notice

  • 4

    Confusion about the difference between capacity for specific decisions versus general capacity

  • 5

    Uncertainty about what evidence is required to support the application

  • 6

    Confusion about the role of medical professionals in capacity assessments

  • 7

    Misunderstanding about the timeline for court decisions

  • 8

    Uncertainty about appeal options if the court decision is unfavorable

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