What is a retrospective mental capacity assessment?

A retrospective mental capacity assessment determines whether a person had the mental capacity to make a specific decision at a point in the past, such as creating a will, making a gift, or consenting to medical treatment.

When would I need a retrospective mental capacity assessment?

They are often needed in will disputes, contested financial transactions, past medical consent cases, and historical safeguarding investigations.

Are your reports accepted in court?

Yes, our reports are CPR35-compliant and accepted by courts across England & Wales.

Who conducts the assessments?

All assessments are completed by HCPC-registered social workers with expertise in the Mental Capacity Act 2005 and relevant case law.

Do you offer nationwide coverage?

Yes, we provide retrospective capacity assessments across England and Wales.

An older woman with short grey hair sits comfortably on a modern grey sofa, smiling warmly at a younger woman with a long braid. They are seated close together, leaning in as they look at a tablet device in the older woman’s hands. The scene is bright and welcoming, with natural light from a nearby window, soft blue cushions, and indoor plants creating a relaxed atmosphere. The interaction conveys empathy, guidance, and trust — reflecting the supportive nature of retrospective mental capacity assessments.

Court-Ready COP3 Mental Capacity Assessments, Delivered by the UK’s Leading Social Work Practice

Over 2,000 COP3 assessments completed nationwide. Registered experts delivering fast, legally compliant reports accepted by the Court of Protection and trusted by families and solicitors.

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What Is a COP3 Mental Capacity Assessment?

A COP3 is a formal assessment of a person’s capacity to make specific decisions, required by the Court of Protection. It must accompany a COP1 application when you’re seeking:

Appointment of a deputy (property, financial, or health & welfare)
Statutory will applications
Removal or discharge of a deputy
Certain health or welfare orders

The COP3 must be completed by an authorised professional such as a social worker, doctor, nurse, or occupational therapist with relevant expertise. It provides an evidence-based opinion on the person’s capacity, following the two-stage test under the Mental Capacity Act 2005.

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A joyful older woman with short blonde hair and glasses is warmly embraced by a younger man in a light blue shirt. Both are smiling broadly, standing in a sunlit kitchen with warm wood and white tones. The moment conveys comfort, reassurance, and the restored relationships that can follow a fair resolution supported by a retrospective mental capacity assessment.

When, Where, Who & How Much – Your COP3 Questions Answered

01

When You’ll Need a COP3

You’ll typically need a COP3 assessment when:

You are applying to become a property & affairs deputy via the Court of Protection
You are seeking authority to make health or welfare decisions for someone
The person has no valid Lasting Power of Attorney covering the decision
The Court requires evidence of capacity for a statutory will or a complex gift
You are seeking to remove or discharge an existing deputyship order

02

Who Can Complete a COP3?

The Court of Protection requires that a COP3 form is completed by an appropriate professional who has the necessary qualifications, training, and experience to assess capacity in line with the Mental Capacity Act and its Code of Practice. This usually includes:

Registered social workers
Doctors (for example, GPs, psychiatrists, consultants)
Occupational therapists
Psychologists

At Nellie Supports, every COP3 assessment is carried out by a professional with both the recognised qualifications and specialist training in capacity law and Court of Protection practice.

Because our team is employed full-time and supported by experienced staff, you benefit from:

Consistency across all assessments
Reduced delays in completing reports
Robust legal compliance, ensuring the assessment meets the highest Court standards

03

COP3 Assessment Costs – Transparent & Fixed

A decision-specific COP3 assessment is priced at £496.00 (exclusive of VAT and assessor travel).

This fee covers:

The full capacity assessment and interview
Completion of the COP3 form in line with Court of Protection requirements
Writing a legally robust, peer-reviewed report

If multiple decisions are assessed or special services (e.g. extra expert input) are required, the price may be higher. In all cases, you’ll receive a written fee confirmation before any work begins.

04

Where do we cover?

We provide COP3 mental capacity assessments across England and Wales. Our full-time, multidisciplinary team travels nationwide to carry out in-person visits, and we can also complete assessments remotely where appropriate.

Because our assessors are employed by Nellie Supports and specialise in mental capacity work every day, you benefit from both exceptional experience and reduced waiting times - ensuring your Court of Protection application isn’t delayed.

An elderly couple stands closely together outside their brick home. The woman, with shoulder-length gray hair, is smiling warmly and wearing a blue cardigan and patterned scarf. She leans affectionately against the man, who is dressed in a burgundy sweater and beige trousers, with one arm around her. Behind them are large bay windows with decorative stained glass panels.

Why Choose Nellie Supports?

£496 + VAT per assessment, plus travel costs. Clear and transparent with no hidden extras.
Reports are usually completed within 5–10 working days, helping you meet court deadlines without delays.
Compliant with the Mental Capacity Act 2005 and accepted by the Court of Protection.
Every assessment is completed in line with the Mental Capacity Act 2005 and is accepted by the Court of Protection.
Our team includes independent social workers, nurses, and psychologists, ensuring the right expertise for each individual case.
We provide assessments across England & Wales, available both in person and remotely.

Our Process – Step by Step

Initial enquiry & triage

Contact us by phone, email or using our website form. A senior coordinator responds the same working day to confirm the decision that needs assessing, provide a clear quotation (including VAT and mileage if applicable), and arrange a convenient assessment time.

Appointment

A qualified assessor meets the individual—at home, in hospital, or via secure video—to carry out the COP3 assessment. The conversation is gentle and decision-specific. If helpful, cognitive screening tools (such as the MoCA) may be used to support clinical insight.

Report Writing

The assessor prepares a COP3 Part B report that links all findings to the relevant legal framework (e.g., Mental Capacity Act 2005, Care Act 2014). Every report is peer-reviewed by a second professional to ensure quality, neutrality and legal readiness.

Sending the Report

You receive the report securely within 5–10 working days. Minor amendments are free within 14 days, and your assessor remains available to clarify the findings with legal teams, courts or healthcare professionals if required.

Case Study: Navigating GP Refusal to Secure a Timely COP3 Assessment

When Ms C, a professional deputy applicant, needed a COP3 assessment for her elderly client, she first approached the client’s GP. Despite three months of chasing, appointments were cancelled, emails ignored, and the practice eventually refused to complete Part B of the COP3 form. With a court deadline looming, Ms C was under intense pressure.

Attempts to escalate through the local authority also failed — their social care team explained they could not support private Court of Protection applications. At this point, Ms C had exhausted statutory routes and faced the prospect of missing her filing deadline.

How Nellie Supports Helped
Ms C contacted Nellie Supports and was connected with our specialist assessment coordinator the same day. Within 48 hours:

A qualified social worker with Court of Protection expertise was assigned.
A home visit was arranged, tailored to the client’s communication needs.
The updated 2024 Functional Test was applied, using both visual and verbal aids.

The report and COP3 form were drafted, peer-reviewed internally for compliance, and securely delivered within five working days of instruction.

The Outcome
Ms C was able to file her deputyship application in full, avoiding further delay, stress, or additional court costs.

Key Takeaway
Relying solely on GPs or local authorities often leads to delays or refusals. With Nellie Supports, clients receive a fast, reliable, and legally robust alternative — ensuring critical Court of Protection deadlines are met.

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Expert Insights into COP3
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Explore our articles on COP3 mental capacity assessments, covering common challenges, best practices, and expert advice for solicitors, deputies, and families navigating the Court of Protection.