Official form guide
Form 55I - Affidavit in support of application: Assisted Decision-Making (Capacity) Act 2015
Form 55I is an affidavit supporting applications under the Assisted Decision-Making (Capacity) Act 2015. It provides sworn evidence to help the court understand a person's decision-making abilities and need for assistance.
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Form Overview
Courts Service of Ireland - Form 55I - Affidavit in support of application: Assisted Decision-Making (Capacity) Act 2015
Form 55I is an affidavit supporting applications under the Assisted Decision-Making (Capacity) Act 2015. It provides sworn evidence to help the court understand a person's decision-making abilities and need for assistance.
Risk Radar
Scan points- 1The most common mistake is providing vague generalizations instead of specific examples of decision-making challenges.
- 2Incomplete information about the person's decision-making abilities
- 3Lack of specific examples of decision-making challenges
- 4Failure to include relevant medical or professional assessments
- 5Not having the form witnessed properly
Plain English
This is a sworn statement that explains someone's ability to make decisions. It's used when someone needs help with decisions, and you want the court to understand their situation clearly.
Submission Date
- Filing date: Submit this form with your initial court application or within the timeframe specified by the court if requested during proceedings. There is no fixed deadline outside of court requirements.
- 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
- Use when applying for a decision-making order for an adult
- Required when seeking to establish or vary assisted decision-making arrangements
- Necessary when there are concerns about a person's capacity to make specific decisions
- Used in applications for guardianship or other court-ordered supports
- Required when challenging an existing decision-making arrangement
Form selector
Use this form or another form?
Guardianship application
For situations where full decision-making authority is needed
✓ Check if the person needs full decision-making support or just assistance with specific decisions
Application for revocation of order
When seeking to end an existing assisted decision-making arrangement
✓ Verify the grounds for revocation meet legal requirements
Application to vary order
When seeking to change the scope of an existing decision-making arrangement
✓ Confirm what specific changes are needed and why
Capacity assessment report
When a formal assessment of decision-making capacity is required
✓ Ensure the assessment is conducted by a qualified professional
Deadline or filing window
Submit this form with your initial court application or within the timeframe specified by the court if requested during proceedings. There is no fixed deadline outside of court requirements.
Before you submit
- 1All sections completed with specific examples
- 2Form properly witnessed by authorized person
- 3Supporting documentation included where relevant
- 4Copies made for your records
- 5Court fees paid if required
- 6Completed in the correct format and version
- 7Personal details of all parties accurate and up-to-date
How to file this form
- 1Obtain the correct version of Form 55I from the Courts Service website
- 2Complete all sections with detailed, specific information about the person's decision-making abilities
- 3Have the form witnessed by a commissioner for oaths or notary public
- 4Prepare supporting documentation and evidence
- 5Submit the form with your court application to the appropriate court office
- 6Keep copies of all submitted documents for your records
Known limitations
- 1The form cannot be used to make medical diagnoses
- 2It does not replace professional capacity assessments in complex cases
- 3The affidavit alone may not be sufficient without supporting evidence
- 4It cannot be used to challenge medical opinions without proper expertise
- 5The form must be completed based on personal knowledge or reliable information
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->The form remains current under the Assisted Decision-Making (Capacity) Act 2015, which has been fully implemented since 2020, replacing previous capacity legislation.
What changed or needs a fresh check
- Updated to reflect the full implementation of the Assisted Decision-Making (Capacity) Act 2015
- Revised guidance on documenting specific decision-making abilities
- Updated requirements for supporting evidence
- Clarified sections on personal welfare decisions
- Added references to the Decision-Making Capacity Act 2015 procedures
Quick Facts
Form Details
- Revision date
- 03/04/25
Downloads & source
Sources
- SRCForm published by the Courts Service of Ireland
- SRCBased on the Assisted Decision-Making (Capacity) Act 2015
- SRCIntended for use in Circuit Court and High Court proceedings
- SRCReplaces previous capacity legislation forms
- SRCNot confirmed in official source: specific witnessing requirements
- SRCNot confirmed in official source: exact processing times
- SRCNot confirmed in official source: current court fees
- SRCNot confirmed in official source: digital submission options
Common confusion points
Confusing this form with medical capacity assessment forms
Uncertainty about who can complete and witness the affidavit
Not understanding the difference between capacity and decision-making ability
Difficulty providing specific examples rather than general statements
Uncertainty about what level of detail is required
Confusion about which court has jurisdiction
Not knowing when additional supporting evidence is needed
Source transparency
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