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COP3 Mental Capacity Assessments for Deputyship Applications
Court-ready, decision-specific COP3 assessments for families, solicitors and professional deputies across England and Wales
If you need a COP3 form completed for a Court of Protection application, the quality of the assessment matters. The court needs clear, current, decision-specific evidence. A vague or overly brief COP3 can cause delay, trigger further questions, or lead to requests for additional evidence.
At Nellie Supports, we provide independent COP3 mental capacity assessments prepared for Court of Protection use across England and Wales. Our assessments are therapeutic in approach, evidence-based in reporting, and focused on the exact decision the court needs to determine.
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6,000+ Mental Capacity Assessments Completed
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What’s Included as Standard
Every Nellie Supports COP3 assessment includes the full assessment process that underpins our standard mental capacity work, adapted specifically for Court of Protection use.
Home Visit or Video Call
We arrange either a home visit or video assessment, depending on what is most appropriate for the person and the circumstances.
Gentle, Professional Assessment
The assessment is carried out in a calm, respectful and professional way, with the person’s needs, presentation and communication style taken into account throughout.
Decision-Specific Approach
The assessment focuses on the exact decision the Court of Protection needs evidence about, rather than giving a general view of capacity.
Mental Capacity Act Compliant
Every assessment is completed in line with the Mental Capacity Act 2005 and applies the legal test to the specific decision in question.
Montreal Cognitive Assessment
Where appropriate, we include a Montreal Cognitive Assessment as part of the supporting evidence. This can be particularly helpful where there is no formal diagnosis, as the court will still need evidence of impairment alongside the assessment of capacity for the specific decision.
Fully Completed COP3 Part B
At the end of the service, you receive a fully completed COP3 Part B containing the formal evidence needed for the Court of Protection application.
COP3 Fees and Timescales
Single Decision COP3 Assessment
Dual Decision COP3 Assessment
Travel time, where applicable
£600.00
£1100.00
£40.00 per hour
5 to 10 Working Days
Please note that VAT and travel charges are not included in the prices shown. If timing is important, please let us know at the enquiry stage and we will advise on the earliest available appointment and quickest turnaround.
What happens during the assessment
We understand that many people feel anxious about mental capacity assessments, especially where court proceedings, deputyship, or important life decisions are involved. Our aim is to make the process calm, respectful and supportive while still ensuring the assessment remains clear, robust and suitable for legal use.
A COP3 assessment will usually involve:
- confirming the decision or decisions that need to be assessed
- reviewing relevant background information
- explaining the purpose of the assessment in a way appropriate to the person’s circumstances
- meeting the person face to face, or remotely where appropriate
- supporting the person to engage with the issue as fully as possible
- assessing whether they can understand, retain, use or weigh the relevant information, and communicate their decision
- considering whether there is evidence of an impairment or disturbance in the functioning of the mind or brain
- recording the support provided, the person’s views, and any other relevant information
- completing the COP3 with clear reasoning linked to the Mental Capacity Act 2005
Where appropriate, our assessors can also complete additional cognitive screening using the Montreal Cognitive Assessment (MoCA) at no extra cost to help support evidence of an impairment or disturbance in the functioning of the mind or brain.
Documents and information to prepare
To complete a COP3 properly, it helps to gather the relevant background information before the appointment.
This may include:
- details of the deputyship application or proposed application
- any existing Court of Protection paperwork
- a brief summary of the decision or decisions that need to be assessed
- relevant medical records, discharge summaries, diagnoses or GP information where available
- details of the person’s current care arrangements and living situation
- any previous mental capacity assessments
- contact details for the solicitor, deputy, or key family member involved
- information about communication needs, interpreters, advocates, or other support that may help the person engage
The more clearly the decision is identified at the outset, the easier it is to make sure the assessment is properly targeted and the final COP3 is fit for purpose.
What happens if the person lacks capacity?
If the assessment concludes that the person lacks capacity in relation to the relevant decision, the completed COP3 provides the Court of Protection with formal evidence to consider as part of the deputyship application.
The COP3 does not itself appoint a deputy. It helps the court decide whether the person can make the decision independently or whether someone else should be given legal authority to act on their behalf.
Where capacity is found to be lacking, the next step is usually for the Court of Protection to consider that evidence within the wider application and determine what order should be made.
Who this assessment is for
Our COP3 service is designed for:
- families applying to become a deputy for a relative or loved one
- solicitors who need clear mental capacity evidence for a Court of Protection application
- professional deputies seeking a reliable, properly reasoned COP3 pathway
- care professionals who need independent formal evidence about decision-specific capacity
A COP3 is most commonly required where the Court of Protection needs formal evidence about whether a person can make the relevant decision for themselves, particularly in relation to property, finances or welfare.
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 when:
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there is no valid Lasting Power of Attorney in place
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a person’s condition has progressed and important decisions can no longer be managed informally
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a deputyship application is being made for property and financial affairs
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a welfare-related Court of Protection application requires formal capacity evidence
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a family, solicitor or deputy needs a properly reasoned assessment that the court can rely on
Many people seek a COP3 after a GP has declined to complete the form, or where waiting for statutory services would create unnecessary delay.
What is a COP3 mental capacity assessment?
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.
It is not a general opinion about whether someone “has capacity” overall. It is a decision-specific court document.
A strong COP3 should do more than state a conclusion. It should show:
- what decision is being assessed
- what information is relevant to that decision
- what support was given to help the person decide for themselves
- whether the person can understand, retain, use or weigh that information, and communicate a decision
- whether any inability is because of an impairment of, or disturbance in the functioning of, the mind or brain
That is why a good COP3 is not generic. It is specific, reasoned and tailored to the actual issue before the court.
The legal test for a COP3 assessment
A COP3 assessment must apply the Mental Capacity Act 2005 to the specific decision before the Court of Protection.
The question is not whether the person has a diagnosis, appears forgetful, or needs support in daily life generally. The question is whether, at the time the decision needs to be made, they are able to make that particular decision.
In practice, the assessment must consider whether the person can:
- understand the relevant information
- retain that information long enough to make the decision
- use or weigh that information as part of the decision-making process
- communicate their decision
If they cannot do this, the assessor must then consider whether that inability is because of an impairment of, or disturbance in the functioning of, the mind or brain.
A person should not be treated as unable to make a decision simply because others think the decision is unwise.
Capacity is always decision-specific. A person may be able to make some decisions but not others.
Why decision-specific matters
Mental capacity is never assessed in the abstract.
The question is not whether a person seems vulnerable, has a diagnosis, or struggles in some areas of life. The question is whether they can make the specific decision that is actually in issue.
For a COP3 to be useful, the relevant information must be clear and concrete. That usually means identifying:
- what the decision is
- why the decision needs to be made
- the options or choices available
- the likely consequences of each option
- the consequence of making the decision
- the consequence of not making the decision
Where more than one decision is being assessed, each one must be addressed separately.
What the assessor evaluates
A strong COP3 gives the court more than a conclusion. It explains how that conclusion has been reached.
During the assessment, the assessor will usually consider:
- the exact decision or decisions that need to be assessed
- whether the person has been 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
A well-reasoned assessment does not rely on labels, assumptions or broad impressions. It focuses on the actual decision and the evidence needed for the court to understand the reasoning.
Our therapeutic assessment approach
At Nellie Supports, the assessment interview is approached as a structured, supportive conversation rather than a rigid or purely clinical interview. Our assessments are therapeutic in nature, helping the person participate as fully as possible in the decision-making process.
This reflects two core principles of the Mental Capacity Act 2005:
- Principle 1: a person must be assumed to have capacity unless it is established that they lack it
- Principle 2: a person is not to be treated as unable to make a decision unless all practicable steps have been taken to help them do so without success
That means the assessment is not designed to catch the person out. It is designed to support them to engage with the decision as fully as possible.
The written output serves a different function. Our reports are evidence-based, decision-specific, and prepared in a clear, court-compliant format.
Common COP3 Capacity Assessment Questions
We offer both face-to-face and remote video COP3 assessments where appropriate.
Remote assessments can work well in some cases, but they must still allow for a fair, properly reasoned and decision-specific assessment. The right format depends on the individual case, not convenience alone.
Face-to-face assessment will often remain the stronger option where:
- communication is complex
- presentation and engagement are especially relevant
- there are sensory, cognitive or rapport issues
- a fuller in-person assessment is more likely to produce robust evidence
Where a remote assessment is used, the reasons for that approach and the steps taken to support the person must still be clear.
A COP3 form should be completed by a suitably qualified professional with the training and practical experience needed to assess capacity in line with the Mental Capacity Act 2005 and the associated Code of Practice.
At Nellie Supports, COP3 assessments are completed by qualified professionals experienced in mental capacity law, functional assessment and Court of Protection work.
A COP3 assessment can be instructed by:
- a family member
- a solicitor
- a professional deputy
- another professional involved in the case
You do not need to have a solicitor in order to arrange a COP3 assessment. We work directly with families as well as with legal professionals and deputies.
Yes, where appropriate, a COP3 process can address more than one decision.
However, capacity is always decision-specific. A person may be able to make one decision but not another. If more than one decision is being assessed, the reasoning must still address each issue separately so the court can clearly see how the assessment applies to each one.
Where multiple decisions are involved, we confirm the scope at the outset and make sure the evidence remains properly structured and easy for the court to follow.
Why families, solicitors and deputies choose Nellie Supports
Choosing the right professional to complete a COP3 matters. The quality of the reasoning, the clarity of the form, and the way the evidence is structured can directly affect how smoothly a deputyship application progresses.
At Nellie Supports:
- our COP3 assessments are prepared for Court of Protection use, with clear reasoning linked to the Mental Capacity Act 2005 and the specific decision being assessed
- our assessment interviews are therapeutic in approach, while our reports remain evidence-based and court-compliant
- all assessors are accredited Montreal Cognitive Assessment practitioners
- additional MoCA cognitive screening can be used where appropriate at no extra cost
- all assessments are completed by permanent full-time members of the Nellie Supports team, not ad hoc associates
- because this is their full-time role, our assessors bring regular, practical experience rather than occasional case exposure
- every assessment is decision-specific and clearly reasoned
- every case is peer reviewed by a second qualified professional
- completed documentation is delivered securely, with clear communication throughout
Whether the issue is urgency, GP refusal, complexity, or uncertainty about the correct decision to assess, our role is to make the process clearer, stronger and more dependable from the outset.
Our COP3 Process
We keep the COP3 process clear, efficient and decision-specific from the outset. Whether you are a family member, solicitor or professional deputy, we guide you through each stage carefully - from confirming the correct decision to be assessed, to arranging the appointment, preparing the report, and delivering court-ready documentation within the required timeframe.
Initial enquiry and triage
Contact us by phone, email or through our 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 of the assessment, we provide a clear quotation, including VAT and any applicable travel costs. If you would like to proceed, we 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. Where needed, we can also deal with reasonable minor amendments and provide clarification after delivery.
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Frequently Asked Questions
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.
A COP3 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.
A COP3 should be completed by a suitably qualified professional with the training and practical experience to assess capacity in accordance with the Mental Capacity Act 2005.
Sometimes, but many GPs decline because of workload pressures, internal practice policies, or limited experience in formal mental capacity assessment for Court of Protection purposes.
Yes, where appropriate. The format must still allow for a fair, properly reasoned and decision-specific assessment.
Yes, where appropriate. However, each decision still needs separate reasoning because capacity is always decision-specific.
No. We can work directly with families as well as with solicitors and professional deputies.
The completed form is returned to the applicant or solicitor and is then filed with the Court of Protection as part of the wider application.
COP3 Guides
Our COP3 guides explain the Court of Protection form used to provide formal evidence about whether someone has mental capacity to make a specific decision. They cover what a COP3 form is, when it is needed, who can complete it, why the assessment must be decision-specific, and the common mistakes that can delay deputyship or other Court of Protection applications.
COP3 assessments for deputyship applications
Explains the topic covered by this guide, including the legal framework, practical assessment issues, common evidential questions, and what readers should understand in this decision-specific context.
Common reasons COP3 forms are rejected
Highlights the common issues covered by this guide, explaining how they arise, why they matter, and what readers should look for to reduce mistakes, delay, or later challenge.
We also provide mental capacity assessments for other decisions.
If you need a mental capacity assessment for a Lasting Power of Attorney, managing finances, litigating in court, buying or selling property, acting as a trustee, retrospective capacity, or other decision-specific matters, our multidisciplinary team can help.