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Official form guide

Form 55G - Ex-Parte application for court's consent: Assisted Decision-Making (Capacity) Act 2015

Form 55G is an ex-parte application made to the court seeking consent for decisions related to assisted decision-making under the Assisted Decision-Making (Capacity) Act 2015. This form is used when an application needs to be made without notice to another party involved in the capacity proceedings.

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Form Overview

Courts Service of Ireland - Form 55G - Ex-Parte application for court's consent: Assisted Decision-Making (Capacity) Act 2015

Form 55G is an ex-parte application made to the court seeking consent for decisions related to assisted decision-making under the Assisted Decision-Making (Capacity) Act 2015. This form is used when an application needs to be made without notice to another party involved in the capacity proceedings.

The form captures information about the proposed decisions, the person's capacity status, reasons for seeking ex-parte application, and supporting evidence justifying the need for urgent court approval without notice to other parties.

Risk Radar

Scan points
  • 1The most common mistake is not providing sufficient evidence to justify why the application should be heard without notice to other parties.
  • 2Insufficient justification for ex-parte application
  • 3Failure to provide adequate supporting evidence
  • 4Incorrect court jurisdiction
  • 5Missing required signatures or oaths

Plain English

This form lets you ask a judge for permission to make certain decisions about someone's welfare or property when they have capacity issues. You use this when you need urgent court approval and can't wait to notify all parties involved.

Submission Date

  • Filing date: Ex-parte applications should be filed as soon as the urgent need arises, as courts typically require immediate attention. There are no fixed deadlines, but delays in submission may result in the urgent matter becoming less time-sensitive.
  • 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 when urgent court consent is needed without notice to other parties
  • Use when notifying other parties would cause harm or prejudice
  • Use for specific decisions related to property or welfare of a person with capacity issues
  • Use when the matter cannot wait for a standard application process
  • Do not use for routine capacity assessments or guardianship applications

Form selector

Use this form or another form?

Standard guardianship application

For non-urgent guardianship orders

✓ Check if your situation requires immediate action

Form 55

Capacity assessment request

For formal assessment of decision-making capacity

✓ Verify if you need court approval or just assessment

Form 10

Enduring power of attorney application

For appointing decision-makers before capacity loss

✓ Confirm if the person still has capacity to make this decision

Form 77

Review of existing orders

For challenging or modifying existing arrangements

✓ Determine if you need to change existing orders or seek new ones

Form 56

Interim care orders

For temporary care arrangements in emergencies

✓ Assess if your situation qualifies as an emergency requiring immediate intervention

Form 55A

Deadline or filing window

Ex-parte applications should be filed as soon as the urgent need arises, as courts typically require immediate attention. There are no fixed deadlines, but delays in submission may result in the urgent matter becoming less time-sensitive.

Before you submit

  1. 1Form is fully completed with all sections answered
  2. 2Supporting evidence is attached and referenced
  3. 3Application is properly sworn before a commissioner for oaths
  4. 4Correct court registry is identified
  5. 5Appropriate fees are paid
  6. 6Copy of application is kept for your records
  7. 7All parties potentially affected are considered in the application

How to file this form

  1. 1Complete all sections of Form 55G with accurate information
  2. 2Gather supporting evidence justifying the ex-parte application
  3. 3Have the application sworn/affirmed before a commissioner for oaths
  4. 4Determine the appropriate court registry (Circuit or High Court)
  5. 5Pay the required court fees
  6. 6Submit the application in person, by post, or through e-filing
  7. 7Obtain a receipt or proof of submission

Known limitations

  1. 1The court may refuse to hear the application ex-parte if justification is insufficient
  2. 2Ex-parte orders are typically interim and may require subsequent review
  3. 3The form cannot be used to bypass proper notification requirements without valid reasons
  4. 4Certain decisions may require additional forms or procedures
  5. 5The court may impose conditions on any ex-parte consent granted

Field map

Compact field-by-field guide

6 fields

Proceedings

3 items

Title of Proceedings

The names of the parties exactly as they appear on the originating document.

Requiredtext
Record Number

The court record number for the case, if one has been assigned.

Requiredtext
Court and Office

The court and the office where the document is being filed.

Requiredtext

Substance

2 items

Relief or Information Sought

What you are asking the court to do, or the information the form requires.

Requiredtext
Grounds and Exhibits

The facts relied on and any documents exhibited with the filing.

text

Execution

1 items

Signature, Jurat or Service Details

Signed, sworn or certified as the form requires, with proof of service where needed.

Requiredsignature
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Current form status
COURTS

This form is current under the Assisted Decision-Making (Capacity) Act 2015 framework, which replaced older guardianship legislation. Recent updates may have occurred to align with implementation of the new capacity legislation.

What changed or needs a fresh check

  • Verify the form version matches current court requirements
  • Check for any recent legislative changes affecting capacity applications
  • Confirm court fees haven't changed since the form was updated
  • Ensure contact details for the Courts Service are current
  • Check if e-filing options have expanded since the last update

Quick Facts

The form should be filed by a person seeking court consent for decisions regarding an adult with decision-making capacity issues, typically a family member, guardian, or healthcare professional.
The form captures information about the proposed decisions, the person's capacity status, reasons for seeking ex-parte application, and supporting evidence justifying the need for urgent court approval without notice to other parties.
Submit this form when urgent court consent is needed and there are valid reasons why giving notice to other parties would be inappropriate or potentially harmful.
Submit the completed form to the relevant Circuit Court or High Court office dealing with capacity matters, either in person, by post, or through the Courts Service e-filing system if available.
Submitting correctly ensures your urgent request is properly considered by the court, while errors or delays could result in refusal of your application or unnecessary complications in the person's care arrangements.
Complete all sections of the form providing clear details about the proposed decisions and reasons for urgency. Attach any supporting evidence and ensure the application is sworn before a commissioner for oaths. File the form with the appropriate court registry, paying any required fees.

Form Details

Revision date
05/04/25

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Sources

  • SRCForm name and number confirmed from Courts Service of Ireland
  • SRCPurpose inferred from 'Ex-Parte application' and reference to Assisted Decision-Making Act
  • SRCSubmission methods based on standard court procedures
  • SRCJurisdiction details based on standard Irish court structure
  • SRCSpecific form requirements not confirmed in official source
  • SRCCurrent form version not confirmed in official source
  • SRCRecent changes to the form not confirmed in official source
  • SRCFee amounts not confirmed in official source

Common confusion points

Confusing ex-parte applications with standard notice-required applications

Uncertainty about which court has jurisdiction (Circuit vs High Court)

Misunderstanding what decisions require court consent under the Act

Not providing sufficient evidence of urgency or potential harm

Incorrectly completing sections about the person's capacity status

Failing to include all necessary supporting documentation

Not understanding that ex-parte orders are typically temporary

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