Languages

ADMC Eligibility Checker

Determine your need for court consent before making a Capacity Application

This Eligibility Checker is designed to help you see if you need to get consent from the court before you make a Capacity Application.

There are certain categories of people who have relationships with the Relevant Person (a Relevant Person is a person whose capacity to make one or more decisions is, or may shortly be, in question) and they don't have to apply to the court for specific consent.

All other people must get consent of the court before making a Capacity Application.

Use the eligibility checker below to see which process best applies to your situation..

Check if you can apply

If you would like to check whether you require consent of the Court to submit a Capacity Application you can use our quick 'Eligibility Checker' tool.

 

Check if you require consent of the Court to submit a Capacity Application

Only certain people can make a Capacity Application under the Assisted Decision Making (Capacity) Act without prior consent from the court.

Answer the following questions to check if you need to get consent from the court to make an application.

 

Please select the option that best describes your relationship to the Relevant Person

Decision Supporters for the Relevant Person

Their decision-making assistant, decision-making representative or co-decision-maker.

Please select the option that best describes your relationship to the Relevant Person

Decision Supporters for the Relevant Person

Their designated healthcare representative or their attorney acting under an enduring power of attorney.

Please select the option that best describes your relationship to the Relevant Person

Other Relationship types to the Relevant Person

A person specified for that purpose in an existing order of the court under this Part where the application relates to that order.
A person/body prescribed by Ministerial regulations under section 36(4)(k).

Please select the option that best describes your relationship to the Relevant Person

Proposed Marriage or Civil Partnership

Is your Capacity Application in relation to, whether in whole or in part, the Relevant Person's capacity to make a decision to consent to being married or to being in a civil partnership?

Please select the option that best describes your relationship to the Relevant Person

Proposed Marriage or Civil Partnership

Are you 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)?

Please select the option that best describes your relationship to the Relevant Person

Family and Personal Relationships to the Relevant Person

Their spouse, civil partner, co-habitant or adult child.

Please select the option that best describes your relationship to the Relevant Person

Family and Personal Relationships to the Relevant Person

Their parent, guardian, sibling, nephew or niece.

Please select the option that best describes your relationship to the Relevant Person

Personal Relationships to the Relevant Person

Neighbour or friend.