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Mental Capacity Assessment
COP3 Mental Capacity Assessments for Deputyship Applications
Court-ready, decision-specific COP3 assessments for families, solicitors and professional deputies across England and Wales.
A COP3 is the Court of Protection form used to provide formal evidence about whether a person has the mental capacity to make a specific decision, usually as part of a deputyship application. It is not a general opinion about whether someone has capacity overall. It is a decision-specific court document that applies the Mental Capacity Act 2005 to the exact decision the court needs to determine. Nellie Supports provides independent COP3 assessments across England and Wales, therapeutic in approach and evidence-based in reporting, prepared for Court of Protection use.
£600 + VAT
Single decision, stated before instruction
5 working days
Typical turnaround
England and Wales
Nationwide coverage
Court of Protection
Court-ready COP3 Part B
Nellie Supports is England and Wales' largest identified specialist private social work and mental capacity assessment practice, delivered by a permanent full-time team. Services are provided by employed, multidisciplinary professionals, not an ad hoc associate, contractor or referral-panel model. We have completed over 11,000 formal assessments and reports. This service sits alongside our full range of mental capacity assessment services.
When you may need a COP3 assessment
A COP3 mental capacity assessment is usually needed when an application is being made to the Court of Protection and the court requires formal evidence about whether the person can make the relevant decision for themselves.
This commonly arises where there is no valid Lasting Power of Attorney in place, where a person's condition has progressed and important decisions can no longer be managed informally, where a deputyship application is being made for property and financial affairs, or where a welfare application requires formal capacity evidence. Many people seek a COP3 after a GP has declined to complete the form, or where waiting for statutory services would create unnecessary delay.
The legal test for a COP3 assessment
A COP3 assessment applies the Mental Capacity Act 2005 to the specific decision before the Court of Protection. The question is whether, at the time the decision needs to be made, the person can:
Understand the information relevant to the decision
Retain that information long enough to make the decision
Use or weigh that information as part of the decision-making process
Communicate their decision by any means
If they cannot do one or more of these, the assessor considers whether that inability is because of an impairment of, or disturbance in, the functioning of the mind or brain. A person is not treated as unable to make a decision simply because others think the decision is unwise, and capacity is always decision-specific, so a person may be able to make some decisions but not others.
Framework: Mental Capacity Act 2005 ss 1 to 3 and the Code of Practice; Court of Protection form COP3 (Part B). Assessments completed by Social Work England registered professionals.
For the framework in full, read our guide: what is a COP3 form.
What the assessor evaluates
A strong COP3 gives the court more than a conclusion. It explains how that conclusion was reached, focused on the actual decision and the evidence the court needs.
The exact decision or decisions that need to be assessed
Whether the person was given the relevant information in a way they can understand
Whether they can understand the practical issue before the court
Whether they can retain the key information long enough to decide
Whether they can use or weigh the options and likely consequences
Whether they can communicate a clear and consistent choice
Whether there is evidence of an impairment or disturbance in the functioning of the mind or brain
Whether there is any realistic prospect of capacity improving in future
COP3 fees and timescales
£600 + VAT
VAT at 20% and travel costs are not included. Dual decision: £1,100 + VAT.
A home visit or video assessment, whichever suits the person and circumstances
A calm, gentle, professional assessment
A decision-specific approach, focused on the exact decision the court needs evidence about
Assessment completed in line with the Mental Capacity Act 2005
Montreal Cognitive Assessment (MoCA) where appropriate, at no extra cost
A fully completed COP3 Part B containing the formal evidence for the application
Travel charged at £40.00per hour
A single decision, or more than one?
A COP3 can address more than one decision, but capacity is always decision-specific, so each decision must be reasoned separately. Where two decisions are being assessed, the dual decision service covers both.
Single Decision COP3
£600 + VAT
- One decision assessed, such as property and financial affairs
- Decision-specific COP3 Part B completed
- Completed in line with the Mental Capacity Act 2005
- MoCA where appropriate
For a single decision before the Court of Protection.
Dual Decision COP3
£1,100 + VAT
- Two decisions assessed, each reasoned separately
- Scope confirmed at the outset so the evidence is easy for the court to follow
- Assessed together in one appointment where possible
For two decisions, each reasoned separately for the court.
A full-time, multidisciplinary team
Nellie Supports is built on an employed, permanent team: registered social workers, a Chartered Psychologist and specialist assessors working together to one standard, with every report peer reviewed by a second qualified professional. Your assessment is never passed to an associate bank or referral panel.
The right professional for the decision
Capacity questions range from care and residence to complex cognition and prognosis. A multidisciplinary team means the discipline is matched to the decision, not to whoever is available.
One consistent standard
The team works together full time, so every assessment follows the same methodology and peer review is built into every report rather than bolted on.
Accountability you can name
Your report is signed by an employed professional who answers for their work, and the practice stands behind it.
Continuity, not hand-offs
The people who take your enquiry, carry out the assessment and review the report all work in one practice, so nothing is lost between stages.
How this works in practice
The situation
A family wanted to apply to become deputy for their father, who had advanced dementia, so they could manage his property and finances. His GP had declined to complete the COP3, and statutory services would have meant a long wait, so they instructed Nellie Supports directly.
The assessment
We visited the father at his care home, at a time of day that suited him, and focused on the specific decision the court needed evidence about: whether he could manage his property and financial affairs. Information was given clearly and at his pace, with cognitive screening to support the evidence of impairment.
The outcome
The assessment concluded that he was unable to make that decision, and set out the reasoning clearly, linked to the Mental Capacity Act 2005. The completed COP3 Part B gave the family the formal evidence they needed to progress the deputyship application without further delay.
This is an illustrative example, drawn from the common features of the COP3 assessments we carry out. It does not describe any individual client.
Why families, solicitors and deputies choose Nellie Supports
Prepared for Court of Protection use
Clear reasoning linked to the Mental Capacity Act 2005 and the specific decision, not a generic form.
Therapeutic assessment interviews
A calm, supportive conversation that helps the person engage as fully as possible, without reducing the evidential standard.
MoCA-accredited assessors
Cognitive screening where appropriate at no extra cost, helpful where there is no formal diagnosis.
Social Work England registered
Assessments by qualified, registered professionals experienced in Court of Protection work.
Employed, not outsourced
A permanent full-time team, not ad hoc associates, so assessors bring regular practical experience.
Peer reviewed
Every case is reviewed by a second qualified professional before delivery.
Common COP3 questions
What is a COP3 form?
A COP3 is the official Court of Protection form used to provide evidence about whether a person has the mental capacity to make a specific decision. It is a decision-specific court document, not a general opinion about capacity overall.
Can my GP complete a COP3?
Sometimes, but many GPs decline because of workload pressures, practice policies, or limited experience in formal mental capacity assessment for Court of Protection purposes. Many people come to us after a GP has declined.
Who can complete a COP3 form?
A COP3 should be completed by a suitably qualified professional with the training and practical experience to assess capacity in line with the Mental Capacity Act 2005 and its Code of Practice. Our assessments are completed by Social Work England registered professionals.
Do I need a solicitor to arrange a COP3?
No. We work directly with families as well as with solicitors and professional deputies. You do not need a solicitor to instruct a COP3 assessment.
Can one COP3 cover more than one decision?
Yes, where appropriate. However, capacity is always decision-specific, so each decision must be reasoned separately. Where more than one decision is assessed, we confirm the scope at the outset and structure the evidence so the court can follow it.
Can a COP3 be carried out remotely?
Yes, where appropriate. A remote assessment must still allow for a fair, properly reasoned and decision-specific assessment. Face to face is often stronger where communication is complex or presentation is especially relevant, and the reasons for the chosen format are recorded.
What if the assessment does not reach the conclusion we hoped for?
Our assessments are independent, and that independence is what gives the report its value. We do not begin from a preferred answer. We assess the specific decision on its merits and record the reasoning, whatever the conclusion. A report that only ever confirmed what was hoped for would carry no weight with a solicitor, the Court of Protection or anyone else relying on it.
COP3 guides
What is a COP3 form?
The Court of Protection form explained
Who can complete a COP3 assessment?
The professionals who can complete the form
Can my GP complete a COP3?
Why GPs often decline, and the alternatives
What decisions can a COP3 cover?
Single and multiple decisions explained
How long does a COP3 assessment take?
Typical turnaround and what affects it
Other assessment types
We also provide mental capacity assessments for other decisions. If you need an assessment for managing finances, granting a Lasting Power of Attorney, or testamentary capacity, our team can help.
Capacity to Manage Finances
Independent, decision-specific assessment of capacity to manage money, property and financial affairs.
Capacity to grant a Lasting Power of Attorney
Where the question is making an LPA, not day-to-day finances.
Testamentary capacity assessment
For making or amending a Will, applying the Banks v Goodfellow test.
Nellie Supports provides independent social work assessment, evidence and advocacy support. We do not provide regulated legal advice, and where a legal remedy is needed we will say so and support your solicitor's work.
Book a COP3 assessment
Tell us about the decision the court needs evidence about, whether one decision or two, and we will confirm the fee and the earliest appointment.
Written by Ben Slater, Founder and Managing Director, Nellie Supports. Read our editorial policy.