If a person is looking to have a decision-making representative (DMR) appointed to make certain decisions on behalf of a Relevant Person, they must first check if they need the consent of the court to bring the application (called a ‘Consent Application’).
The following people do not need the consent of the court to make a Capacity Application:
- the Relevant Person
- the Director of the Decision Support Service
- the Relevant Person’s spouse or civil partner or co-habitant
- the Relevant Person’s adult child
- An existing decision supporter for the Relevant Person (a decision-making assistant, co-decision-maker, attorney or a designated healthcare representative)
- a person specified for that purpose in an existing order of the court under this Part where the application relates to that order
- if the application relates, whether in whole or in part, to the Relevant Person’s capacity to make a decision to consent to being married or to being in a civil partnership -
- a registrar within the meaning of section 17 of the Civil Registration Act 2004 , or
- the other party to the proposed marriage or civil partnership (if any), as the case may be, of the Relevant Person
If the applicant for a Capacity Application is not listed above, then they must first make an ex parte application for the consent of the Court to bring a Capacity Application (Consent Application).
Ministerial regulations may also list further persons or bodies who can make an application to the court for a declaration about a person’s capacity without needing to get the Court’s permission first.
An application for the consent of the court to the making of a Capacity Application can be made by way of an ex-parte notice of motion (Form 55G) grounded on an affidavit of the applicant. See How to apply for the consent of the court to make a Capacity Application for further information.