Completion of CoP3s
A COP3 Form is used to submit an application to the Court of Protection where a person lacks capacity to make a specific decision for themselves. We regularly complete COP3 assessments of capacity for decisions relating to a person’s property and financial affairs, health and welfare and making a Will, as well as other specific decisions.
The Court will then use this assessment to decide whether it is appropriate for a Deputy to be appointed to manage the specified decision on behalf of the person.
TSF are highly regarded in the legal sector and well known for our excellent standard of COP3 reports, completed in a timely manner.
What is the legal test used for a COP3 Mental Capacity Assessment?
A COP3 Mental Capacity Assessment always uses the Mental Capacity Act (2005) two stage test of capacity to determine whether a person lacks capacity to make the decision in question.
In order to satisfy this test, a cognitive impairment must be present (this is the diagnostic test) and the person will be assessed as to whether they are able to understand, retain, and use and weigh information specific to the decision being made (this is known as the functional test).
A Causative Nexus must be established, that is to say, there must be a link between the functional test and the diagnostic test in order for a person to be assessed as lacking capacity for a specific decision.
In some cases, for example Testamentary Capacity and Capacity to Litigate, the legal tests used to measure whether a person has capacity are specific pieces of case law. In these instances, our assessments will always measure a person’s capacity against both the specific case law and the Mental Capacity Act (2005).
Assessment process
In order to complete a thorough assessment, we will gather information relevant to the decision in question and information specific to any diagnosis or cognitive impairment. We will also ask for a completed part A of the COP3 form.
This information is used to develop questions for the assessment to ensure that the completed report provides enough evidence for the Court of Protection in the process of appointing a Deputy. In the event that a person has capacity to make the decision in question, we can provide this information in another written report format, according to your requirements.
The assessment can take place either by video link or face to face depending on your location. We will be guided by you as to the best time to assess and whether you need a supporting person in the assessment. We will also take into consideration any communication needs and adapt the assessment accordingly. The assessment will take the format of a conversation rather than it being a formal test.
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