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GUIDES & INSIGHTS

Who can complete a COP3 assessment

A COP3 should be completed by an appropriate assessor with relevant qualifications, training and practical experience for the capacity question before the Court of Protection.

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An appropriate assessor for the decision

The Court of Protection uses COP3 as evidence about a person’s capacity for the decisions in an application in England and Wales. The form is not restricted to doctors: a suitably experienced social worker or another appropriate professional may complete it. The assessor must explain their relevant qualifications, training and practical experience. A professional title alone does not establish suitability for every instruction.

Check the form, scope and supporting evidence

Identify the particular decision, relevant information, support provided and evidence for the conclusion. The court considers the evidence; a COP3 does not itself appoint a deputy or authorise a decision. Download the current form and notes from HMCTS before instruction: https://www.gov.uk/government/publications/make-a-report-on-someones-capacity-to-make-decisions-form-cop3

Primary sources and official guidance

Mental Capacity Act 2005

Mental Capacity Act Code of Practice

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