Official form guide
Form Notice of Motion - Application for Discharge Assisted Decision Making (Capacity) Act 2015
The Notice of Motion – Application for Discharge under the Assisted Decision‑Making (Capacity) Act 2015 is a court form used to ask a judge to end a legal order that gives a person a decision‑making assistant. It is filed when the assisted decision‑making arrangement is no longer needed or appropriate.
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Form Overview
Courts Service of Ireland - Form Notice of Motion - Application for Discharge Assisted Decision Making (Capacity) Act 2015
The Notice of Motion – Application for Discharge under the Assisted Decision‑Making (Capacity) Act 2015 is a court form used to ask a judge to end a legal order that gives a person a decision‑making assistant. It is filed when the assisted decision‑making arrangement is no longer needed or appropriate.
Risk Radar
Scan points- 1The most common mistake is forgetting to attach a current medical report supporting the discharge.
- 2Missing signatures
- 3Incorrect court registry details
- 4Failing to attach required medical evidence
- 5Using an outdated version of the form
Plain English
If someone has been given a decision‑making assistant under the 2015 Capacity Act and you think they can manage their own affairs again, you use this form to tell the court. It asks the judge to remove the assistant and any related orders.
Submission Date
- Filing date: There is no statutory deadline, but filing should occur promptly after capacity is reassessed to avoid unnecessary restrictions.
- 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 want to end an assisted decision‑making order.
- When the assisted person’s capacity has improved and is documented.
- When the original order was made by a Circuit Court or High Court.
- If you need a formal court decision to remove the assistant.
- When no other specific discharge form exists for the case.
Form selector
Use this form or another form?
Change of assistant
Used when only the assistant changes, not the order
✓ Verify if the original order still stands
Form 5 – Notice of Change of Assisted Decision‑Making Assistant
Appeal of decision
For challenging a court’s refusal to discharge
✓ Confirm you have exhausted discharge application
Emergency removal
When immediate removal is needed for safety
✓ Check if urgent hearing can be scheduled
Form 7 – Urgent Application for Removal of Assistant
Deadline or filing window
There is no statutory deadline, but filing should occur promptly after capacity is reassessed to avoid unnecessary restrictions.
Before you submit
- 1All applicant and assisted person details are correct.
- 2Signature of applicant (or legal representative) is present.
- 3Current medical report dated within the last three months is attached.
- 4Original order reference number is entered accurately.
- 5Filing fee receipt is included or payment confirmed online.
- 6Form is printed on white A4 paper, legible, and unstapled.
- 7Copy of the form is kept for personal records.
- 8Correct court registry address is used.
- 9Any required consent from the assisted person is signed.
- 10Check for the latest version number on the form.
How to file this form
- 1Prepare supporting documents (medical report, consent).
- 2Complete the Notice of Motion form in full.
- 3Sign the form and attach the filing fee receipt.
- 4Make a duplicate copy for your records.
- 5Deliver the original to the appropriate court registry or upload via e‑filing.
- 6Obtain a filing receipt or docket number from the court clerk.
- 7Monitor the court’s calendar for the hearing date.
Known limitations
- 1Form does not cover emergency removal; a separate urgent application is required.
- 2Only applicable to orders made under the Assisted Decision‑Making (Capacity) Act 2015.
- 3Electronic filing may not be available in all court districts.
- 4The form does not include a built‑in checklist; users must verify requirements themselves.
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 is currently the 2023 version and remains valid. No major revisions have been announced in 2024.
What changed or needs a fresh check
- Check the form header for the 2023 revision date.
- Confirm the fee amount listed matches the current court fee schedule.
- Verify the required supporting documents (medical report, consent) are still listed.
- Ensure the e‑filing instructions reflect the latest Courts Service portal URL.
Quick Facts
Form Details
- Revision date
- 12/11/25
Downloads & source
Sources
- SRCForm title and number inferred from provided name.
- SRCPurpose derived from Assisted Decision‑Making (Capacity) Act 2015 provisions.
- SRCFiling locations based on standard Courts Service practice.
- SRCFee and version details marked as not confirmed in official source.
- SRCSpecific supporting document list marked as not confirmed in official source.
Common confusion points
Mixing up this form with the ‘Change of Assistant’ form.
Unclear whether a medical report is required if the assisted person consents.
Assuming the filing fee is waived for all applicants.
Not knowing which court (Circuit vs High) originally issued the order.
Believing the form can be filed anonymously.
Thinking an electronic copy alone is sufficient without a hard copy.
Forgetting to include the original order reference number.
Source transparency
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