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  • Writer's pictureTeam Nellie

Lasting power of attorney or Deputyship COP3?

Updated: Sep 22, 2023

We are often asked to assess whether a client has sufficient mental capacity to grant lasting powers of attorney and if not, complete a COP3 form for the court of protection.

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.

The principles of the Mental Capacity Act (2005) state we should always assume someone has capacity unless proven otherwise, and we approach every assessment from this viewpoint.

When assessing for a Deputyship application (COP3), we ensure we remain person-centred and adhere to the principles of the mental capacity act (2005) and support the person in every possible way to make their own decision.

If an individual demonstrates the capacity to grant lasting powers of attorney (finance), our expert assessors can ensure there is enough evidence documented to support the person's decision making.

In those instances where an individual is deemed to have sufficient capacity, a COP3 is no longer necessary, and our expert Social Workers record a full mental capacity assessment.

Our assessments are based upon those espoused by the Social Care Institue for Excellence (SCIE). This assessment can, when required, also be accompanied by a COP24 Witness statement and where requested by the court a COP25 Affidavit.

Ou Social Workers are also then able to act as certificate provide rand witness to the signing of Lasting powers of attorney and where and where LPAs are disputed a full mental capacity assessment can be provided to the Office of Public Guardian as evidence.

You can find out more about our mental capacity assessment service here

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