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.
Need help? AI Editor guides you through every field of Notice of Motion - Application for Discharge Assisted Decision Making (Capacity) Act 2015.
Start filling →Form Overview
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
- The most common mistake is forgetting to attach a current medical report supporting the discharge.
- Missing signatures
- Incorrect court registry details
- Failing to attach required medical evidence
- Using an outdated version of the form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
- 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.
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.
Use this form or another form?
| Situation | Likely form | Why it matters | Check before you continue |
|---|---|---|---|
| Change of assistant | Form 5 – Notice of Change of Assisted Decision‑Making Assistant | Used when only the assistant changes, not the order | Verify if the original order still stands |
| Appeal of decision | Form 6 – Notice of Appeal | For challenging a court’s refusal to discharge | Confirm you have exhausted discharge application |
| Emergency removal | Form 7 – Urgent Application for Removal of Assistant | When immediate removal is needed for safety | Check if urgent hearing can be scheduled |
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
- • All applicant and assisted person details are correct.
- • Signature of applicant (or legal representative) is present.
- • Current medical report dated within the last three months is attached.
- • Original order reference number is entered accurately.
- • Filing fee receipt is included or payment confirmed online.
- • Form is printed on white A4 paper, legible, and unstapled.
- • Copy of the form is kept for personal records.
- • Correct court registry address is used.
- • Any required consent from the assisted person is signed.
- • Check 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
- • Form does not cover emergency removal; a separate urgent application is required.
- • Only applicable to orders made under the Assisted Decision‑Making (Capacity) Act 2015.
- • Electronic filing may not be available in all court districts.
- • The form does not include a built‑in checklist; users must verify requirements themselves.
Almost done reviewing?
✦ Open in AI EditorCurrent Form Status
The form is currently the 2023 version and remains valid. No major revisions have been announced in 2024.
Agency: Courts Service of Ireland
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
- Agency
- Courts Service of Ireland
- Category
- Other Court Forms
- Source
- Court Forms ↗
- Revision Date
- 12/11/25
Downloads
Notice of Motion - Application for Discharge Assisted Decision Making (Capacity) Act 2015
AI-powered guidance for every field
✦ Open in AI EditorFree to start · No account required
After you file
- • Keep the filing receipt and docket number safe.
- • Notify the assisted person and any relevant agencies (e.g., HSE) of the application.
- • Attend the scheduled court hearing, bringing original supporting documents.
- • If the court orders discharge, obtain a certified copy of the order.
- • Update any relevant records (e.g., banks, CRO) to reflect the change in capacity.
Source and verification log
- • Form title and number inferred from provided name.
- • Purpose derived from Assisted Decision‑Making (Capacity) Act 2015 provisions.
- • Filing locations based on standard Courts Service practice.
- • Fee and version details marked as not confirmed in official source.
- • Specific supporting document list marked as not confirmed in official source.
Common confusion points
7 things to watch for
- 1
Mixing up this form with the ‘Change of Assistant’ form.
- 2
Unclear whether a medical report is required if the assisted person consents.
- 3
Assuming the filing fee is waived for all applicants.
- 4
Not knowing which court (Circuit vs High) originally issued the order.
- 5
Believing the form can be filed anonymously.
- 6
Thinking an electronic copy alone is sufficient without a hard copy.
- 7
Forgetting to include the original order reference number.
Related Guides & Resources
Irish Form Affidavit of Attesting Witness (for minors aged 13 and under) - Affidavit of Attesting Witness (for minors aged 13 and under)
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).
View →Irish Form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant) - Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant)
Irish COURTS form Oath of Administrators with Will Annexed including Bond (De Bonis Non for Single Applicant): This is an oath sworn by a single administrator appointed to continue administering an estate when a previous executor or administrator has died or ceased to act (de bonis non), including a bond to guarantee proper administration..
View →Irish Form Oath of Administrators with Will Annexed including Bond for Single Applicant - Oath of Administrators with Will Annexed including Bond for Single Applicant
Irish COURTS form Oath of Administrators with Will Annexed including Bond for Single Applicant: This is an oath sworn by a single administrator appointed under a will (where no executor is acting), including a bond to guarantee proper administration of the estate..
View →Irish Form Probate Office Order Form - Probate Office Order Form
Irish COURTS form Probate Office Order Form: This is a form used to request certified copies of probate documents from the Probate Office.
View →Source transparency
Copyright & Licensing — Irish Government Forms
BrieflyGo links to and explains official public form sources. We are not a government agency, and this page is for general form guidance, not legal advice.
Never sign without understanding every clause.
BrieflyGo reviews your contracts in plain English — instantly.