# How to Arrange a Court of Protection Assessment | Nellie Supports Source: https://www.nelliesupports.com/guides/how-to-arrange-a-court-of-protection-assessment Canonical: https://www.nelliesupports.com/guides/how-to-arrange-a-court-of-protection-assessment Written by: Ben Slater Source review by: Kerry Slater Source review recorded: 2026-09-15 # How to arrange a Court of Protection assessment To arrange capacity evidence for the Court of Protection, identify the decisions in the application, complete Part A of the current COP3 and approach an appropriate assessor for Part B. Agree the relevant records, support, timing and fee before the appointment. ## 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. ## Copyright Copyright © 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. ## Abstract To arrange capacity evidence for the Court of Protection, identify the decisions in the application, complete Part A of the current COP3 and approach an appropriate assessor for Part B. Agree the relevant records, support, timing and fee before the appointment. This guide covers the relevant evidence, support, process and limits in England and Wales. ## What is on this page - [Contact](https://www.nelliesupports.com/guides/how-to-arrange-a-court-of-protection-assessment#footer-contact) - [Overview](https://www.nelliesupports.com/guides/how-to-arrange-a-court-of-protection-assessment#section-live20) - [Frequently Asked Questions](https://www.nelliesupports.com/guides/how-to-arrange-a-court-of-protection-assessment#section-live38) - [Related Pages](https://www.nelliesupports.com/guides/how-to-arrange-a-court-of-protection-assessment#section-live45) To arrange capacity evidence for the Court of Protection, identify the decisions in the application, complete Part A of the current COP3 and approach an appropriate assessor for Part B. Agree the relevant records, support, timing and fee before the appointment. The assessor supplies evidence and the court decides capacity and the order sought. A deputy’s powers come from that order, rather than the assessment itself. ## 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 The current COP3 is designed to record the assessment, with separate sheets where necessary. A narrative report or additional evidence may help if the issues need fuller explanation or the court directs it. Ask what extra work is required rather than assume high value or family disagreement automatically makes the form insufficient. ## Instruct an assessor who can evidence the decision The form recognises appropriate medical and social care professionals. The assessor should explain relevant qualifications, training and experience, their professional relationship and freedom from conflict. A GP or treating professional may be suitable; an external assessor is not automatically necessary or suitable for every question. ## 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 For each decision, explain the person’s ability to understand, retain, use or weigh relevant information and communicate, the support provided and whether any inability is caused by impairment or disturbance. COP3 asks for reasons and current information; it does not ask a diagnosis to determine the answer. ## 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 The report records the position assessed at its stated time. The court’s order defines the deputy’s authority, and section 20 prevents a deputy deciding a matter the person can decide. If relevant abilities change or recover, consider current evidence and seek advice on varying or discharging the order where needed. ## 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? In an ordinary private assessment, seek the person’s engagement and explore whether timing, setting or communication explains refusal. Refusal alone is not evidence of incapacity. If court evidence is needed and engagement remains difficult, explain the steps and limits and obtain advice on directions; do not make a blanket claim about all court powers or replace missing evidence with assumption. ## Related mental capacity assessment pages The related guides below provide further explanation of the decisions, evidence and legal processes discussed here. ### [COP3 Mental Capacity Assessment](https://www.nelliesupports.com/services/mental-capacity-assessments/cop3-mental-capacity-assessment) ### [What is a COP3 form?](https://www.nelliesupports.com/guides/what-is-a-cop3-form) ### [Who can complete a COP3 assessment?](https://www.nelliesupports.com/guides/who-can-complete-a-cop3-assessment) ### [Read guide](https://www.nelliesupports.com/guides/common-reasons-cop3-forms-are-rejected-or-questioned) ## Practical next steps Use the official forms route to obtain the current COP3 and confirm which supporting documents your application needs. Explain the decisions and support needs to the assessor, and keep the assessment and court application timetables distinct. ## Related information - [Mental Capacity Assessment to Revoke a Lasting Power of Attorney](https://www.nelliesupports.com/lasting-power-of-attorney-services/revoke-lpa) - [NHS Continuing Healthcare Support](https://www.nelliesupports.com/services/continuing-healthcare) - [CHC Appeal Application: Drafting and Submission](https://www.nelliesupports.com/services/continuing-healthcare/chc-appeal-application) --- Nellie Supports Ltd · 0333 987 5118 · nellie@nelliesupports.com Office 11 and 12, Unit 20, Springfield Business Park, Grantham, NG31 7FZ