What happens when an applicant requests a COP3 assessment, but the person has capacity?

In those instances where an individual is deemed to have sufficient capacity, our expert Social Workers record a full mental capacity assessment.

When applying for an order from the court of protection, a mental capacity assessment for the specific decision is a general requirement this is in the form of a COP3 assessment.

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.

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.

The majority of decisions assessed for the court of protection are based upon the two-stage test outlined in the Mental Capacity Act (2005)

The Mental Capacity Act (2005) sets out a 2-stage test of capacity:

Stage 1 – Is the person unable to make a particular decision (the functional test)?

Stage 2 – Is the inability to make a decision caused by an impairment of, or disturbance in the functioning of, a person's mind or brain? This could be due to long-term conditions such as mental illness, dementia, or learning disability, or more temporary states such as confusion, unconsciousness, or the effects of drugs or alcohol (the diagnostic test).

We have seen many court of protection COP3 forms rejected; these are generally completed by the doctor or other professional writing "Not applicable" in each of the evidence boxes. This practice, however, does not evidence a persons capacity.

In those instances where an individual is deemed to have sufficient capacity, 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).

You can find out more about Nellie Supports COP3 service here