GUIDES
PA14 is probate capacity evidence; COP3 supports a Court of Protection application; a deputy’s authority comes from the court’s order. These routes may overlap, but a PA14 certificate does not automatically require deputyship or allow an attorney or deputy to take a grant.
PA14 is probate capacity evidence; COP3 supports a Court of Protection application; a deputy’s authority comes from the court’s order. These routes may overlap, but a PA14 certificate does not automatically require deputyship or allow an attorney or deputy to take a grant. Confirm the probate route before deciding whether wider authority over the person’s own affairs is needed.
PA14 gives probate capacity evidence, a deputy holds powers granted by a court order and the Court of Protection decides applications within its jurisdiction. The OPG supervises deputies. These roles can overlap in one person’s circumstances without forming a compulsory sequence.
PA14 supports a probate application involving a person entitled to a grant who lacks relevant capacity. It does not appoint a substitute, authorise general management of their affairs or determine how an inheritance must be held. Those questions depend on the probate rules, existing powers and circumstances.
A deputy is appointed where the court considers that ongoing authority is needed and in the person’s best interests. The powers are those in the order; a one-off decision or an existing power may sometimes be sufficient instead. COP3 supplies capacity evidence and does not itself confer authority.
Identify the probate entitlement and any separate need to manage the person’s own affairs or inheritance. The applications may be coordinated where appropriate, but PA14 does not automatically lead to deputyship. Seek advice about lawful interim arrangements and receipt of funds.
Rule 35 sets an order: a person authorised by the Court of Protection to apply; if none, a lawful attorney under a registered EPA or LPA; then the person entitled to the residuary estate, subject to the rule and any direction. It also addresses people entitled in the same degree and permits a judge or registrar to direct another grant. Unless the applicant is the person specifically authorised by the Court of Protection, notice of the intended rule 35 application must be given to that court.
Evidence may overlap, but capacity for the estate role and the person’s own affairs must be addressed separately where both matter. Agree whether one assessment can provide sufficient evidence for each required form. A PA14 certificate is not a substitute for COP3 or the court’s decision.
Identify the people entitled under the probate rules, the relevant capacity concern and any powers or orders. Obtain the required assessment from a suitable professional and comply with notice or directions. Scope a wider Court of Protection application only where it is needed, with its own evidence and timetable.
Assessment, probate and court processes can involve fees and different timescales. Confirm current costs and whether a one-off order, existing attorney or another probate route is appropriate. Avoid treating the absence of an LPA as a personal failure or assuming that an LPA would resolve every estate issue.
Keep evidence and authority distinct. PA14 supports the probate process, COP3 supports a court application and the grant or order establishes the relevant authority. Check the actual entitlement and powers, and assess each material decision with support.
No. A diagnosis does not establish lack of capacity. For a decision under the Mental Capacity Act, consider the relevant information and practicable support, then assess understanding, retention, use or weighing and communication by any means. Any inability must be caused by an impairment of, or disturbance in the functioning of, the mind or brain. Will-making has its own legal test.
Supply relevant estate documents, capacity and support evidence and any powers or court order. HMCTS lists eight eligible categories for PA14: registered medical practitioner, registered psychiatrist, registered approved mental health professional, registered social worker, registered psychologist, state registered nurse, state registered mental nurse and registered occupational therapist. Eligibility for this form does not establish competence for every case or authority to sign other certificates.
One appointment may cover related questions if each receives its own relevant information and reasoning, but do not assume PA14 and deputyship must always be commissioned together. A person may lack capacity for the estate role while retaining other financial decisions.
Yes. Capacity is decision-specific and time-specific. A person may be able to make some decisions independently but still need assessment for whether the person can make decisions about applying for a Grant of Representation and the subsequent administration of the estate, especially where the decision has legal, financial, welfare or court consequences.
A stronger report defines the decision, identifies the relevant information, records practicable steps, analyses the person’s own reasoning, explains causation and makes clear how the evidence supports the conclusion.
Check the probate entitlement, existing powers and any court order with a probate practitioner. Scope each capacity question separately and confirm the eligible PA14 author, any Court of Protection notice and whether a deputyship application is actually needed.
The related guides below explain the probate evidence, capacity questions and Court of Protection processes discussed here.
PA14 Probate Mental Capacity Assessment
PA14 evidence where property and affairs capacity is in question
What is a PA14 probate mental capacity assessment?
Who can complete a PA14 medical certificate?
Mental capacity assessments for probate disputes
HM Courts and Tribunals Service, Form PA14: Medical certificate (probate). Available at: https://www.gov.uk/government/publications/form-pa14-medical-certificate-probate
Mental Capacity Act 2005, c. 9. Available at: https://www.legislation.gov.uk/ukpga/2005/9/contents
The Non-Contentious Probate Rules 1987, SI 1987/2024. Available at: https://www.legislation.gov.uk/uksi/1987/2024/contents
GOV.UK, Applying for probate. Available at: https://www.gov.uk/applying-for-probate
Written by Ben Slater, Registered Social Worker, Founder and Managing Director of Nellie Supports
Reviewed by Kerry Slater, Director of Operations
Last reviewed: 2026-07-19
Author: Nellie Supports Ltd
Publication Date: 15/05/2026
Copyright © 2026 Nellie Supports Ltd. All rights reserved.
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PA14 is probate capacity evidence; COP3 supports a Court of Protection application; a deputy’s authority comes from the court’s order. These routes may overlap, but a PA14 certificate does not automatically require deputyship or allow an attorney or deputy to take a grant.
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