Capacity Statement under Part 5 of the Assisted Decision-Making (Capacity) Act 2015
The Court Service have signed off on this document as a guide to the functional assessment of capacity required for a Capacity Application under Part 5 of the Assisted Decision Making (Capacity) Act 2015. To note this is not a legal document and has been developed for guidance purposes only.
This document is a guide to the functional assessment of capacity required for a Capacity Application under Part 5 of the Assisted Decision Making (Capacity) Act 2015.
Please click this link for the word version:Part-5-Capacity-Statement-template-Wordbc374138-1488-41a0-9172-ece3e5b755db-(1)-Copy or this link for the Pdf version; Capacity Statement under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 (PDF) : This is not a legal document and has been developed for guidance purposes only.
The Courts Service have published an update on the Assisted Decision-Making (Capacity) Act 2015 and Care Representative Applications.
In addition, the Court Service have created a flow-chart on how to make a capacity application.
The 2015 Act commenced on the 26th April. The Wards of Court Office stopped accepting wardship applications on the 25th April 2023. From 26th April applications under Part 5 of the Assisted Decision-Making (Capacity) Act 2015 as amended will be made to the Circuit Court. The Wards of Court Office will commence the three year statutory review and the discharge of all adult wards of court. A HSE guidance document was developed prior to commencement of the 2015 Act to provide a clear and consistent approach on the steps required before an application for wardship of an adult is considered by the HSE.
