CoP3 Capacity

CoP3 Mental Capacity Assessment

What is a CoP3 Capacity Assessment?

A CoP3 Capacity Assessment is a mental capacity assessment written up in the form of a Court of Protection Form. The court form is numbered 3 – hence the name Court of Protection 3. The assessment can be based on any specific question given. Most commonly we complete them for Property and Financial affairs or Health and Welfare decisions.

In many circumstances the form can then be used to present to the Court. If the client lacks capacity, a deputy will be assigned to them.

What does the CoP3 capacity assessment include?

Our CoP3 Capacity Assessments include all the necessary preparatory work and organising the technical side of a remote assessment via video link, a CoP3 assessment, reading time and the competition of Part B of the CoP3 form.

The assessment will cover the specific question being asked. This will most often be an assessment of property and financial affairs or health and welfare.

What case law do you use?

Depending on the decision being assessed, the assessment is either covered by the Mental Capacity Act (2005) and the two-stage test or another legal test such as Dunhill v Burgin (2014).

What information do you need from me?

We will need a completed version of Part A of the CoP3 form as well as details surrounding the matter being addressed. If, for example, the assessment is looking at property and financial affairs, we will need details of the client’s property, income, savings and outgoings.

Contact us and we will provide a copy of our bespoke referral form which helps lay out what information we need from you.

What happens in the capacity assessment?

The assessment will take place via video link through the use of a smartphone, tablet, laptop or computer with webcam. This can take place at the client’s home or where they feel most comfortable – they are very much person-centred and are made to feel like a conversation surrounding the questions being assessed. Clear language and communication methods are used that are appropriate to the individual.

The assessment should take around an hour or so and takes the form of open questions. The questions are designed by the Assessor based on the specific items being assessed and the information supplied prior to the assessment.

The assessment will take approximately one hour.

Why is a CoP3 assessment necessary?

We are often requested to complete CoP3 assessments when it is thought that the client being assessed may need assistance in managing that area of their life. It is common that the CoP3 forms are used to present to the Court of Protection. This may then lead to the appointment of a deputy for that individual.

What happens if the client has capacity?

A CoP3 form can still be completed when a client has a capacity but as the form is not designed for this purpose it can limit the information provided. In place of the CoP3 we can provide a summary report. Alternatively, we can produce a full and detailed report for an additional charge.

To discuss arranging a CoP3 Capacity Assessment, please contact us.