Making a capacity application
The Circuit Court hears applications when there is a question about a person's decision-making ability.
Before you consider an application to the court, you should check that there is no other less intrusive options that could be taken.
You also need to ensure that:
- the Relevant Person (the person whose ability to make decisions is being assessed) has been assessed by a medical professional.
- you have checked if you need consent of the court before you make the capacity application.
Capacity applications where you need to go to the High Court
The Circuit Court has jurisdiction in capacity matters except for the following matters which are reserved for the High Court:
- decisions on organ donation where the donor lacks capacity
- applications on withdrawal of life-sustaining treatment from a person who lacks capacity.
You can contact the Central Office of the High Court for queries in relation to High Court matters.
Fill out the relevant forms
Depending on the type of application you need to make, there are different forms for the Assisted Decision-Making process. Find all the forms here.
Guides to help you understand the capacity application process
We have developed a series of guides to help you through the capacity application process. They are available to download (in printable PDF format) below.
Guide 1: Before you make a capacity application will help you decide if this is the right option for the Relevant Person.
Guide 2: Completing your capacity application forms provides you with information to help you fill in your capacity application and Statement of Particulars forms.
Guide 3: After you've competed your capacity application provides you with information about what you must do once you have completed your forms.
