Here are some legal terms you may find in the information on Capacity Applications and Decision-Making Representation Orders.
Please see the glossary of terms for a more comprehensive list of terms used in the Assisted Decision-Making (Capacity) Act 2015.
Relevant Person
A Relevant Person is a person:
- whose capacity is in question or may shortly be in question in respect of one or more matters (i.e., a person who may have difficulty reaching a decision without the support of someone), or
- who lacks capacity in respect of one or more matters (i.e., a person who may be able to make some decisions but not others), or
- whose capacity is in question or may shortly be in question in respect of one or more matters and who lacks capacity at the same time but in respect of different matters (this is a combination of the above).
Applicant
An applicant is the person who is making the decision support application, for the benefit of the Relevant Person. The applicant could, in certain instances, be the Relevant Person themselves.
Capacity
Capacity refers to decision-making capacity. In this context, capacity means a person’s ability to understand, at the time that a decision is to be made, the nature and consequences of the decision to be made by them in the context of the available choices at the time.
Capacity Application
An application to the Circuit Court for a declaration under section 37 of the Act that a Relevant Person lacks capacity to make certain decisions. The application will usually also include a request to the court for a decision-making representative (DMR) to be appointed to make certain decisions on behalf of the Relevant Person. An order appointing a decision-making representative, setting out their functions and what decisions they can make, is called a decision-making representation order (DMRO).
Notice Party
The ADMC Act sets out the persons who should be notified of court applications made under the Act. These persons have the right to reply to and/or object to the applications they have been notified of.