# After a COP3 Is Completed | Nellie Supports Source: https://www.nelliesupports.com/guides/what-happens-after-a-cop3-is-completed Canonical: https://www.nelliesupports.com/guides/what-happens-after-a-cop3-is-completed Written by: Ben Slater Source review by: Kerry Slater Source review recorded: 2026-07-19 # What happens after a COP3 is completed? A completed COP3 supplies capacity evidence for the Court of Protection. The court considers the application, any further evidence and the orders it can properly make. ## 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. ## About this guide A completed COP3 supplies capacity evidence for the Court of Protection. The court considers the application, any further evidence and the orders it can properly make. The sections below explain the evidence, practical steps and limits of the assessment or process. ## What’s on this page - [Contact](https://www.nelliesupports.com/guides/what-happens-after-a-cop3-is-completed) - [Overview](https://www.nelliesupports.com/guides/what-happens-after-a-cop3-is-completed) - [Frequently Asked Questions](https://www.nelliesupports.com/guides/what-happens-after-a-cop3-is-completed) - [Related Pages](https://www.nelliesupports.com/guides/what-happens-after-a-cop3-is-completed) Once a COP3 is completed, it is filed with the Court of Protection alongside the application, usually a COP1, and becomes the core capacity evidence the court relies on. The court may accept it, raise questions with the assessor, direct further or updated evidence, or list a hearing where the evidence is contested. This guide explains the journey after completion: how the form is used, how long it stays current, the questions courts and the Office of the Public Guardian raise, and what happens when a COP3 is challenged or needs updating. ## The COP3 joins the application, it does not decide it A completed COP3 is evidence, not an outcome. It is filed with the application forms and supporting documents, and the Court of Protection then considers whether the evidence establishes that the person lacks capacity to make the decisions the application concerns and whether the orders sought are in the person's best interests. Understanding this helps set expectations: a well-completed COP3 makes the court's task straightforward, whilst a weak one generates questions, directions and delay. ## Notifying the person and others Follow the current notification or service procedure for the particular application. Property and affairs deputyship may involve notifying the person and others before submission, while other applications have different steps after issue. The person should receive information in a form they can understand, with objections or a disputed capacity question brought to the court. A completed COP3 does not replace these requirements. ## How the court considers the capacity evidence Most straightforward, unopposed applications are decided on the papers without a hearing. The judge reads the COP3 alongside the application and any objections, and the central question is whether the assessment evidences the statutory test for the specific decisions in issue: the relevant information, the functional analysis and the causative link to an impairment of, or disturbance in the functioning of, the mind or brain. A COP3 that asserts a conclusion without showing this reasoning is the most common trigger for further directions. ## When the court asks for more The court may seek clarification, further records or an updated assessment if the evidence is incomplete, inconsistent or no longer current. Respond to the actual direction and deadline, involving the assessor where appropriate. The further work and timetable depend on the issue; no quality label or private fee guarantees an application without questions. ## The order and what the deputy can then do The court may grant, vary or refuse the requested order or seek further evidence. If a deputy is appointed, read the powers, restrictions and any security requirement before acting. Gifts, jointly owned land, trustee functions or transactions involving conflict may require further legal steps. Capacity evidence does not itself give the applicant or deputy authority outside the order. ## If the person objects or capacity is disputed If capacity or the proposed appointment is disputed, the court may direct further evidence, a hearing or representation arrangements. The assessor should answer the questions within their expertise and identify any change or limitation since assessment. A careful original form may assist but does not guarantee acceptance or remove the court’s power to seek more evidence. ## Ongoing duties and supervision after the order A deputyship is supervised, not final. Deputies report to the Office of the Public Guardian, account for the decisions they make and must go on applying the Mental Capacity Act 2005, including the principle that the person should be supported to make the decisions they can. A deputyship order does not extinguish the person's capacity for decisions outside its scope or for decisions they remain able to make, and deputies should be alert to what the person can still decide for themselves. ## When capacity should be looked at again Capacity is time-specific, and circumstances change. Where the person's condition improves, where a new decision arises that the order does not cover, such as selling a property, making a statutory will or a substantial gift, or where the person seeks to discharge the deputyship, a fresh decision-specific assessment is usually needed. Deputies and attorneys should treat reassessment as part of good practice rather than as a challenge to the original order. ## Key takeaway File the current evidence through the correct application route, complete the required notifications and answer any court directions. The resulting order, rather than the COP3, defines authority. Keep supporting records and remain alert to changes in the person’s ability to make particular decisions. ## Frequently asked questions ### Does a diagnosis automatically mean someone lacks capacity? No. A diagnosis alone does not establish incapacity. For a Mental Capacity Act decision, provide practicable support, examine understanding, retention, use or weighing and communication, then explain whether any inability is caused by an impairment or disturbance of mind or brain. The conclusion is specific to the decision and time. ### What evidence helps with a COP3? The COP3 does not travel alone. It is usually filed with the COP1 application, supporting witness statements and details of the orders sought. The assessor should retain their notes, the records reviewed and the reasoning behind each conclusion, because the court or the Office of the Public Guardian can raise questions after filing, and a well-documented file makes those questions quick to answer. ### When might a formal opinion be useful? If the court questions the COP3, or the person's circumstances change before the application is decided, a further or updated assessment may be needed. Acting promptly matters, because a stale or doubted COP3 is one of the most common causes of delay in Court of Protection applications. A conclusion about one decision does not establish capacity for another. ## Related mental capacity assessment pages The related pages below explain connected decisions, evidence requirements and legal processes. ### COP3 Mental Capacity Assessment ### What is a COP3 form? ### Who can complete a COP3 assessment? ### Read guide ## Practical next steps Before seeking a report, write down the exact decision, relevant date, reason for concern and intended use. Gather the documents that explain the real options and any communication needs. Check any required form or court direction, agree the scope and total fee, and clarify how missing evidence or further questions will be handled. ## Primary sources and official guidance [Mental Capacity Act 2005](https://www.legislation.gov.uk/ukpga/2005/9/contents) [Mental Capacity Act Code of Practice](https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice) ## 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