To make the Capacity Application, you (or your solicitor) need to complete the necessary paperwork and submit it to the court office.
You should send in the original documents to the court office along with copies to be served on the Relevant Person and any notice parties. The originals will be kept on file by the court office. The court office will fill in the record number and date and time of the court hearing on the forms and will return the copies to you to be served. See How to serve the Capacity Application?
If Consent has been granted, or if the applicant does not require the consent of the Court to do so, a Capacity Application is made using:
• Completed and signed Form 55A - Capacity Application with a fee of €130 containing:
- The name of the Circuit and County and you are applying in e.g., Eastern Circuit, Kildare (See table below)
- Details of the Relevant Person and the applicant(s)
- Details of the Orders being sought
- Name and address of any person (Notice Party) who must be notified of the application.
• Completed and signed Form 55B - Statement of Particulars – no court fee
The Statement of Particulars includes information about:
- Who is making the application and their connection to the Relevant Person
- The reason for the application
- The benefit to the Relevant Person in making the application
- An explanation as to why less intrusive options (for example a lower tier of support) cannot be taken
- Details of any relevant support agreements, instrument or court orders affecting the Relevant Person
- Details of the Relevant Persons past and present will and preference in relation to the decisions concerned
- Details of any particular needs the Relevant Person may have in relation to the decisions concerned
- Where the decision concerned relates to the Relevant Persons property and affairs – details of their assets, liabilities, income and expenditure.
- Details of any proposed co-decision-maker or decision-making representative
• Completed, sworn and signed Form 55I - Grounding Affidavit with a fee of €15 exhibiting:
- A Capacity Report - (a report from a medical practitioner or other healthcare professional on the capacity of the Relevant Person)
- A copy of the Consent Order (where consent to the making if the Capacity Application was needed and was granted)
- Any document referred to in the Statement of Particulars
- Copies of other orders under the Act in relation to the Relevant Person
- Copies or details of other decision-support arrangements made by the Relevant Person
- Copies of other relevant correspondence and documents relevant to the application