Mental Capacity Assessment
COP3 Mental Capacity Assessments for Deputyship Applications
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 completes COP3 assessments for solicitors, professional deputies and families across England and Wales, through a permanent employed team of Social Work England registered professionals, with every report peer reviewed and standard delivery in 5 working days from the assessment visit.
Court-ready, decision-specific COP3 assessments for families, solicitors and professional deputies across England and Wales.
At a glance
Decision
Property and affairs, or personal welfare, for a deputyship application
Legal framework
Mental Capacity Act 2005, sections 15 and 16
Format
Face to face or remote
Report
COP3 completed and peer reviewed
Coverage
England and Wales
£600 + VAT
Single decision, stated before instruction
5 working days
Turnaround from assessment visit
England and Wales
Nationwide coverage
Court of Protection
Court-ready COP3 Part B
Plain-English explanation
What is a mental capacity assessment?
A mental capacity assessment is a decision-specific and time-specific process used to determine whether a person can make a particular decision for themselves. Under the Mental Capacity Act 2005, the assessor considers whether the person can understand, retain, use or weigh the relevant information, and communicate their decision. A person can only be found to lack capacity where an impairment of, or disturbance in, the functioning of the mind or brain causes their inability to decide. It is not a general test of intelligence, memory or diagnosis, and every practicable step must first be taken to support the person to make the decision.
The COP3 is the Court of Protection's assessment of capacity form. It is completed by a suitably qualified assessor and filed with a deputyship application, so the court can decide whether an order is needed and what it should cover.
The form must be addressed to the decisions the application concerns, whether that is property and financial affairs, personal welfare, or both. A person may lack capacity for one and retain it for the other.
An unwise decision is not the same as lacking capacity
The assessor does not decide whether the person is managing their affairs as others would. The issue is whether the person can make the relevant decision, not whether others agree with it.
Common situations
When you may need a COP3 assessment
A COP3 mental capacity assessment is usually needed when an application is being made to the UK Court of Protection to prove whether a person lacks the mental capacity to make a specific decision for themselves. It is used when the court requires formal evidence under the Mental Capacity Act 2005.
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.
No LPA is in place
The person can no longer manage their affairs and never made a Lasting Power of Attorney, so a deputy must be appointed.
A bank or provider requires an order
A bank, pension provider or care provider will not deal with the family without a Court of Protection order.
Welfare decisions are disputed
There is disagreement about where the person should live or the care they receive, and a welfare order is being sought.
A property must be dealt with
A house needs to be sold, let or transferred and there is nobody with authority to act.
An existing order needs varying
A deputyship is already in place and the court needs fresh evidence to extend, vary or discharge it.
A GP has declined
The person's GP is unwilling or unable to complete the COP3, which is common, and an independent assessor is needed.
Decision-specific content
What this assessment covers
This assessment addresses the person's capacity to make the decisions the deputyship application concerns, most often managing their property and financial affairs, and in some cases decisions about their care and welfare. It is decision-specific, and the COP3 is completed against those decisions rather than as a general opinion. In line with the Mental Capacity Act 2005, the assessment considers whether the person can understand, retain, use or weigh the relevant information, and communicate their choice. For property and affairs that information typically includes:
What money and property they have, in broad terms, including income, savings and any debts
What has to be paid out regularly, such as bills, rent, mortgage or care fees
How decisions about their money are being made at the moment, and by whom
What could happen if their finances are not managed, including unpaid bills, lost income or exploitation
That the court can appoint a deputy, and the decisions a deputy would then be able to make for them
That help is available, and who could support them to manage matters themselves
Two decisions are not one decision
Property and affairs and personal welfare are separate decisions and must be assessed separately. Where an application covers both, the COP3 has to address each on its own evidence, and a person may lack capacity for one while retaining it for the other.
1
The functional test
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
2
Impairment and causation
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.
Legal framework
The legal test for a COP3 assessment
Initial enquiry and triage
Contact us by phone, email or website form. We gather the key details, explain how the COP3 process works, and confirm the decision or decisions that need to be assessed.
Quotation and booking
Once we understand the scope, we provide a clear quotation including VAT and any applicable travel costs, and arrange a suitable appointment as quickly as possible.
Assessment appointment
A qualified assessor meets the person face to face or remotely where appropriate, and carries out a decision-specific capacity assessment.
Report preparation and peer review
The findings are written up clearly and reviewed by a second qualified professional for quality and consistency.
Secure delivery
Your completed COP3 documentation is returned securely by email, usually within 5 to 10 working days, with reasonable minor amendments and clarification available after delivery.
What happens next
Our COP3 process
Supported decision-making
How we support decision-making
The Mental Capacity Act 2005 requires that no one is treated as unable to make a decision unless all practicable steps to help them have been taken without success. That support is built into every assessment:
Plain language and real examples
Decisions are explained using the person's own circumstances and the decision actually in front of them, rather than abstract scenarios.
The right time and place
Appointments are arranged for when the person functions best, at home, in a care setting, in hospital or remotely.
A familiar person nearby
A relative, friend or carer can be close at hand where that reassures, while the assessment itself remains independent.
Communication adjustments
More time, information broken into stages, and written notes or aids where they help the person express a view.
Evidence base
Evidence we review
With consent, the assessor grounds the assessment in the person's real circumstances. For a COP3 assessment this typically means reviewing:
Medical records
GP summaries, hospital letters and any information about diagnosis or treatment that bears on decision-making.
Financial records
Bank statements, bills, benefit letters and other papers that show how the person's finances actually run.
Legal documents
Any Lasting Power of Attorney, existing order or trust arrangement relevant to the decisions in question.
Previous assessments
Earlier capacity assessments, cognitive testing or social care assessments, where these exist.
Care and support records
Care plans and daily notes that describe how the person manages tasks day to day.
Accounts from people who know the person
Observations from family, friends and professionals about how decisions are made in practice.
Deliverable
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
Assessment option | Suitable for | What is included |
|---|---|---|
Standard Assessment | Most COP3 deputyship applications | |
Enhanced Assessment (EMCA) | Contested, high-value or high-risk matters | |
Court-specific instruction | Court of Protection or other proceedings |
Who we work with
For solicitors, deputies and other professionals
Instruction is straightforward and the evidential standard is consistent whichever decision is being assessed:
Scope confirmed in writing
The decisions to be assessed, the fee and the timescale are confirmed in writing before instruction.
A traceable evidential line
Evidence, analysis and conclusion are set out in a structure a court, bank or public body can scrutinise.
Peer review as standard
A second qualified professional reviews every report before it leaves the practice.
Follow-up clarification
Clarification for instructing parties is included after the report is delivered.
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.
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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.
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Transparent pricing
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.
For families
A clear fee, stated before instruction and confirmed in writing, with VAT and any travel set out up front. The assessment is arranged around the person, at home, in a care setting, in hospital or remotely, and your completed COP3 is delivered within 5 working days of the assessment visit, in a form the Court of Protection can rely on.
For professionals
A permanent, employed multidisciplinary team, not an ad hoc associate or referral-panel model: Social Work England and Social Care Wales registered social workers and a Chartered Psychologist (BPS). Every report is peer reviewed by a second qualified professional and structured for scrutiny, with reports relied on in the Court of Protection, the Family Court and the Court of Appeal.
Provider evidence
Why choose Nellie Supports for your mental capacity assessment
England and Wales' largest identified specialist private social work and mental capacity assessment practice, with over 11,000 formal assessments and reports completed by a permanent full-time multidisciplinary team.
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.
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.
How this works in practice
Frequently asked questions
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.
Where do you cover?
Assessments are carried out across England and Wales, at home, in care settings, in hospital or remotely where appropriate. Travel is charged at £40 per hour and confirmed before booking.
Who will carry out the assessment?
A registered professional from our permanent, employed team, which includes Social Work England and Social Care Wales registered social workers and a Chartered Psychologist (BPS). Every report is peer reviewed by a second qualified professional before delivery.
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
How to choose a Court of Protection assessor by family feedback
How families can judge a Court of Protection assessor: reviews, responses to criticism and the checks that come first.
Court of Protection capacity assessments for high-value and complex estates
COP3 evidence for complex estates: trusts, businesses, portfolios and the scrutiny they attract.
Supporting guidance
COP3 guides
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.
Other assessment types
Discuss the instruction
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.