When applying for an order from the court of protection, a mental capacity assessment for the specific decision is a general requirement.
This mental capacity assessment is decision specific, for example, an application for deputyship for finances or an application for a statutory will to be created.
We receive numerous calls daily, requesting capacity assessments for applications to the court of protection.
The majority of people applying to the court of protection are on their timescale, its an emergency. They are trying to help a loved one, either through illness such as dementia or due to traumatic injury.
Time is essential. Any delay to the COP3 can result in further delay and stress down the road.
Many of these phonecalls start with "I've been waiting three months for my GP to complete the COP3, now they have told me they couldn't do it!"
The majority of decisions assessed for the court of protection are based upon the two-stage test outlined in the Mental Capacity Act (2005)
Stage 1 – Is there an impairment of or disturbance in the functioning of a person's mind or brain? If so,
Stage 2 - The MCA says that a person is unable to make a specific decision if they cannot do one or more of the following four things:
Understand information given to them
Retain that information long enough to be able to make the decision
Weigh up the information available to make the decision
Communicate their decision – this could be by talking, using sign language or even simple muscle movements such as blinking an eye or squeezing a hand.
Nellie Supports Social Workers are experts in completing mental capacity assessments and in those case where someone is deemed as lacking sufficient mental capacity they can ensure COP3 forms are complete fully and to the standards the court of protection requires.
We know time is of the essence, which is why we aim for a seven-day turnaround from the moment of instructions to the digitally signed COP3 being with you. (Original documents are sent 1st class at the same time)
Why should you wait, when your loved one cant?
you can find out more about our COP3 assessment service here