If you are not one of the people listed in the Act who can make these applications without the consent of the court (see Who can make a Capacity Application?) then you must first apply to the Circuit Court for consent to bring a Capacity Application.
Court fees must be paid on the Application before it can be issued by the office. See fees Section
To make the Consent Application, you (or your solicitor) need to complete the necessary paperwork and submit it to the court office. You need to provide:
- An ex Parte Consent Application Form (Form 55G)
- A grounding affidavit. This must include details of any existing decision support arrangements and provide information as to why the application cannot be made by one of the persons who do not need the consent of the court to make an application.
- The grounding affidavit must exhibit the Capacity Application (Form 55A hyperlink) and Statement of Particulars (Form 55B hyperlink) intended to be filed if consent is given.
As the Consent Application is made ex parte, you do not need to notify anyone that you are making the application. The Court can adjourn the matter however and direct that you notify certain people.
If consent is granted, a copy of the Consent Order must be exhibited to the grounding affidavit of the Capacity Application when it is lodged with the Court Office.
