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Author and Publication
Author: Nellie Supports Ltd
Publication Date: 15/05/2026
Citation
Department for Constitutional Affairs (2007) Mental Capacity Act 2005: Code of Practice. London: The Stationery Office.
Copywright
Copywright © 2026 Nellie Supports Ltd. All rights reserved.
This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd.
This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.
Arranging a Court of Protection assessment is a practical process, however it goes wrong more often than it needs to. Families and professionals frequently begin by asking whether a relative has capacity, when the court is only ever concerned with whether the person can make the particular decisions the application relates to. This guide sets out the steps in the order they are best taken, from identifying those decisions and instructing an assessor through to filing the COP3 with the application and using the completed assessment once an order is made. It applies to England and Wales, where the Mental Capacity Act 2005 governs how capacity must be assessed and evidenced.
Start with the decisions, not the diagnosis
The first step is to write down the specific decisions the application concerns, because everything that follows depends upon them. The Mental Capacity Act 2005 assesses capacity decision by decision and at the time the decision needs to be made, so a diagnosis is the starting point of an assessment as opposed to its conclusion. Most applications concern property and financial affairs, health and welfare, or both.
Work out whether a COP3 is enough
A COP3 is the court's assessment of capacity form and is sufficient for most straightforward deputyship applications. A fuller narrative report is the better instruction where capacity is borderline or fluctuating, where undue influence is suspected, where family members disagree about the outcome, or where the estate is substantial enough to attract scrutiny. Settling this at the outset avoids commissioning the work twice.
Instruct an assessor who can evidence the decision
Part B of the COP3 can be completed by a registered practitioner who is competent to assess the decisions in question, including registered social workers, psychologists, psychiatrists, medical practitioners and nurses. GPs frequently decline, usually because of the time involved and the decision specific expertise required. Instructing an independent assessor also avoids the difficulty that arises where the assessor provides the person's care.
Gather the records before the visit
The assessor will need the person's relevant history, so collect what is available before the appointment: medical summaries, care plans, cognitive screening results, any previous capacity assessments and, for financial applications, an outline of the assets, income and liabilities. Records do not decide capacity, however they allow the assessor to identify the impairment and to test understanding against the person's actual circumstances.
What happens during the assessment
The assessment is a structured conversation, held wherever the person is most comfortable and usually in their own home or care setting. The assessor must take practicable steps to support the person to make the decision, which may mean simplifying information, using visual aids, choosing a better time of day or involving someone the person trusts. The person's own reasoning is recorded, not merely the assessor's conclusion.
What the court expects the completed form to show
The court looks for the causal link: how the identified impairment of the mind or brain affects the person's ability to understand, retain, use or weigh the relevant information, or to communicate a decision, for each decision the application concerns. A form concluding that a person lacks capacity without that reasoning is the most common reason a COP3 is questioned or returned.
Filing the COP3 with your application
The COP3 is filed alongside the application form and the supporting documents required under the Court of Protection Rules 2017, including the deputy's declaration and the information about the person's assets. Part A is completed by the applicant or their solicitor and Part B by the assessor, so build the assessment into the timetable rather than leaving it until the papers are otherwise ready.
Using the assessment after an order is made
Once a deputy is appointed the assessment continues to do work. It records the decisions the person could not make at that time, which frames the scope of the deputy's authority, supports annual reporting to the Office of the Public Guardian and provides the baseline against which any later change is measured. Capacity can return, and a fresh assessment is needed where it appears to have done so.
Key takeaway
Arranging a Court of Protection assessment is largely a matter of sequence. Define the decisions, choose the right level of report, instruct an assessor who can evidence the causal link, and file the form with the application rather than after it. Most delays and rejections trace back to a step taken out of order.
Frequently asked questions
How long does it take to arrange a Court of Protection assessment?
Timescales depend upon the person's availability and the records needed. In practice the assessment visit is arranged first, the report follows, and the application is then filed. Building the assessment into the timetable early, as opposed to treating it as the final step, is the most effective way to avoid delay.
Can a GP or care home manager complete the COP3?
A GP can complete Part B, although many decline because of the time involved and the decision specific expertise required. A care home manager can only do so if they hold the relevant professional registration and competence, and there is an obvious difficulty where the assessor also provides the person's care.
What if the person refuses to be assessed?
Nobody can be compelled to take part. The assessor should first consider whether the refusal reflects the setting, the timing or the way information was presented, and try again on different terms. Where refusal persists, the assessor records the practicable steps taken and the court decides what weight to give it.
Does the assessment have to be face to face?
Face to face is the default, because seeing the person in their own environment adds materially to the assessment. Remote assessment can be appropriate in limited circumstances, however the assessor should explain why it was chosen and what, if anything, was lost by it.
Related mental capacity assessment pages
These internal links help readers move from this guide to the most relevant Nellie Supports service page, assessment option or legal framework page.
Need a Court of Protection assessment arranged?
Nellie Supports completes independent COP3 capacity assessments across England and Wales through a permanent employed team, with every report peer reviewed before delivery. Call 0333 987 5118 or visit the COP3 assessment service page to instruct an assessment.