- Where do I go to make a Capacity Application?
- What is a Capacity (also known as a Medical) Report?
- If I have a query about my Application form, who should I contact?
- Are there court fees associated with making a Capacity Application?
- What is covered under personal welfare decisions?
- What is covered under property and affairs decisions?
- Do I need to make an application to the Court to become or appoint a Co-Decision Maker (CDM) or appoint with the Courts Service?
Where do I go to make a Capacity Application?
Applications can be brought to the court office in the County where the Relevant Person, i.e. the person whose capacity is or is soon to be in question:
- is residing at the time the application is made,
- is carrying on business at the time the application is made, or
- has resided at any time within the period of three years immediately prior to the making of the application.
A list of the Court Offices can be found here on the Find Us page.
What is a Capacity (also known as a Medical) Report?
A Capacity Report, is a report from a medical practitioner or other healthcare professional on the capacity of the Relevant Person.
- What form/template should be used?
There is no standard form for a report of a medical practitioner or healthcare professional in support of a Capacity Application.
- What should be included in a report of a medical practitioner or healthcare professional in support of a Capacity Application?
The report itself shall be exhibited in the Form 55I, the grounding affidavit. As per the Circuit Court Rules, such a report shall:
- include details of the extent to which the person making the report has treated the Relevant Person and include details of any examination or assessment undertaken for the purposes of making the report, and
- report on matters within the person’s expertise which relate to the Relevant Person’s capacity, considered in accordance with Section 3 of the Act, to the extent relevant to the relief sought in the Capacity Application, including the likelihood of recovery of the Relevant Person’s capacity
If I have a query about my application form, who should I contact?
Please see the Contact Information Section
Are there court fees associated with making a capacity application?
See Fees Section.
What is covered under personal welfare decisions?
“personal welfare”, in relation to a Relevant Person, means one or more of the following matters:
- accommodation, including whether or not the Relevant Person should live in a designated centre;
- participation by the Relevant Person in employment, education or training;
- participation by the Relevant Person in social activities;
- decisions on any social services provided or to be provided to the Relevant Person;
- participation by the Relevant Person in healthcare research and social care research except in relation to clinical trials of medicinal products for human use or clinical investigations undertaken to assess the safety or performance of medical devices;
- other matters relating to the Relevant Person’s well-being;
What is covered under property and affairs decisions?
“property and affairs”, in relation to a Relevant Person, means one or more of the following matters:
- the custody, control and management of some or all of the Relevant Person’s property or property rights;
- the sale, exchange, mortgaging, charging, gift or other disposition of the Relevant Person’s property;
- the acquisition of property by the Relevant Person, or on his or her behalf;
- the carrying on, on behalf of the Relevant Person, of any profession, trade or business which may lawfully be carried on by a person other than the Relevant Person;
- the making of a decision which will have the effect of dissolving a partnership in which the Relevant Person is a partner;
- the carrying out of any contract entered into by the Relevant Person;
- the discharge of the Relevant Person’s debts, tax and duty liabilities and obligations or other obligations;
- the execution or exercise of any of the powers or discretions vested in the Relevant Person as a tenant for life;
- providing, to the extent that the Relevant Person might have been expected to do so, for the needs of a decision-making assistant, a co-decision-maker, an attorney, a designated healthcare representative or a decision-making representative for the Relevant Person or the needs of other persons;
- the conduct of proceedings before any court or tribunal, whether in the name of the Relevant Person or on his or her behalf;
- making an application for housing, social welfare or other benefits or otherwise protecting or advancing the interests of the Relevant Person in relation to those matters;
Do I need to make an application to the Court to become or appoint a Co-Decision Maker (CDM) or appoint with the Courts Service?
No. Please visit the Decision Support Service (DSS) website for more information on co-decision -making agreements.