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Court Of Protection Assessments

A Court of Protection assessment, also known as a COP3 assessment, is a formal mental capacity evaluation used in Court of Protection applications. OFH Care provides expert, court-compliant assessments for property and financial affairs and health and welfare decisions, helping solicitors, families, and professionals submit strong, legally valid applications to the court.

What is a Court of Protection Mental Capacity Assessment? 

A Court of Protection assessment, sometimes also known as a COP3 assessment, is a formal capacity assessment used to determine whether someone can make specific decisions for themselves. COP3 assessments are most commonly required when applying to:
  • Become someone’s deputy 
  • Create a statutory will 
  • Make decisions where no Lasting Power of Attorney (LPA) is in place 

The outcome is documented on the COP3 form, which is submitted to the court as part of the application process. All COP3 assessments must follow the principles of the Mental Capacity Act 2005 and be decision-specific. They are usually required when someone has a brain injury, a disability, or another condition that affects their ability to make informed decisions.

At OFH Care, we provide robust, court-compliant mental capacity assessments for deputyship applications, one-off decisions, and other legal matters. Whether it is a COP3 assessment for property and financial affairs or a COP3 assessment for health and welfare decisions, we help families, individuals, and solicitors through the process of completing a COP3 assessment.

Why Might Someone Need a COP3 Assessment? 

You may need a Court of Protection capacity assessment when:

  • A person has dementia, a brain injury, a learning disability, or another condition affecting decision-making 
  • There is no valid LPA in place 
  • A solicitor, professional deputy, or family member is making a deputyship or safeguarding application 
  • The Court of Protection has requested evidence of capacity 
  • There are disputes or concerns about whether the individual can make informed decisions 

OFH Care works closely with legal professionals and families to ensure the assessment process is smooth, ethical, and fully Court-compliant.

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What Is A COP3 Form? 

The COP3 form is the official document used to present an expert’s opinion on a person’s mental capacity. It must be completed by a qualified health or social care professional, such as a social worker, psychologist, nurse or GP.

Read our detailed guide on ‘How to Complete A COP3 Form‘.

The COP3 form has two parts:

Part A – To be completed by the applicant or referrer 

COP3A is usually filled in by the solicitor, family member, or professional making the deputyship application to the Court of Protection. It includes:

  • The nature of the application (e.g. deputyship for property and finances or health and welfare) 
  • The reasons for the application 
  • Any existing legal documents, such as an LPA 
  • Relevant background or context 

Part B – To be completed by a mental capacity assessor 

COP3B must be completed by a registered health or social care professional with appropriate expertise in assessing mental capacity. This form includes:
  • Medical background or diagnosis (if known) 
  • A decision-specific capacity assessment in line with the Mental Capacity Act 
  • The assessor’s professional opinion on whether the person can make the relevant decisions 
  • Evidence and reasoning behind that opinion 

At OFH Care, we complete Part B of the COP3 form with clinical and legal precision, and the cost is included in our COP3 assessment. Our reports are decision-specific, court-ready, and tailored to each person’s needs. This helps give your application the strongest possible foundation to withstand legal scrutiny.

At OFH Care, every COP3 assessment is person-centred, impartial, and legally robust. We follow the principles of the Mental Capacity Act 2005, ensuring that each individual is supported to make their own decision wherever possible.

Our process for conducting a Court of Protection capacity assessment typically includes:
  • Initial Background Gathering: Our team liaise with the solicitor, deputy, referrer, or family member to understand the context of the Court of Protection application, the decisions in question, and any concerns about the person’s mental capacity.
Face-to-Face or Virtual Assessment: Our assessor meets the person in a familiar and comfortable environment. Using clear, accessible language, the assessor explores their understanding of:
  • The specific decisions they are being assessed for (e.g. finances, property, health, welfare, living arrangements)
  • The role and responsibilities of a deputy
  • The role and responsibilities of a deputy
  • What it means to lose capacity and have someone else make decisions on their behalf
  • The potential consequences of appointing a deputy through the Court of Protection
  • Evaluation of Capacity: The assessor evaluates whether the person can understand, retain, and weigh up information relevant to the decision and communicate their reasoning clearly.
  • Consideration of Undue Influence: The assessor ensures the decision is being made freely and is not the result of pressure, coercion, or manipulation.
  • Preparation of the Report: OFH Care produces a clear, evidence-based report, including Part B of the COP3 form, suitable for use in legal, court, or professional settings.

Each OFH Care COP3 assessment report is written in plain English, fully court-compliant, and tailored to the individual case. It includes:

  • The background and context of the deputyship or Court of Protection application
  • The legal framework applied under the Mental Capacity Act 2005
  • A detailed summary of the person’s understanding, communication, and reasoning
  • Consideration of any safeguarding or undue influence concerns
  • A professional opinion on whether the individual has or lacks the capacity to make the relevant decisions

Our reports are widely accepted by solicitors, deputies, and the Court of Protection as formal evidence of capacity.

You can request a COP3 capacity assessment if you are:
  • A solicitor or legal professional submitting a Court of Protection application on behalf of an individual
  • A family member, attorney, or deputy supporting a vulnerable person
  • A local authority, care provider, or health and social care professional involved in safeguarding or decision-making
  • An individual seeking independent evidence of capacity for legal protection
At OFH Care, we work flexibly with all referrers to ensure a smooth, supportive, and transparent assessment process.
The cost of a COP3 assessment depends on:
  • Location (we cover most of England and Wales)
  • Complexity of the case
  • Whether the assessment is for one or multiple decisions. For example, a deputyship application for property and financial affairs and a deputyship for health and welfare
  • Urgency and turnaround time

We offer clear, fixed-fee pricing with no hidden costs. View our assessment prices online or contact us for a bespoke quote.

Case Study:
Capacity for Deputyship Following a Stroke 

Client:

Mr H, age 68, with cognitive and physical impairment following a stroke

Context:

Mr H’s solicitor contacted OFH Care to request a full COP3 capacity assessment for both property and financial affairs and health and welfare. Mr H had recently been discharged from the hospital following a stroke, and his family raised concerns about his ability to manage money, understand care arrangements, and make informed decisions about his future. 

What We Did:

A mental capacity assessor from OFH Care visited Mr H at home to conduct a dual assessment in line with the Mental Capacity Act 2005. During the property and financial affairs assessment, the assessor explored Mr H’s understanding of banking, bills, savings, and the legal responsibilities of a deputy. For the health and welfare component, the assessor evaluated his ability to make decisions about medical treatment, daily care, and where he should live, including the risks of refusing support. 

Outcome:

The assessment concluded that Mr H lacked capacity in both areas. Our detailed, court-ready report enabled his solicitor to proceed with a deputyship application. The Court of Protection later appointed Mr H’s daughter as deputy for both property and financial affairs and health and welfare, ensuring his personal and financial well-being was safely and legally supported. 

Frequently Asked Questions About Court of Protection & COP3 Assessments 

Yes. If you’re applying o the Court of Protection for both types of decisions/deputyships, we can assess capacity to manage property and financial affairs and capacity to make health and welfare decisions, and complete the COP3 form accordingly. We can assess both at the same visit and offer discounted rates for multiple assessments.

We offer appointments within 7–14 working days, depending on location and urgency. If you have a deadline set by the Court of Protection, let us know and we’ll do our best to accommodate you with an expedited service if required.

Absolutely. Our assessments are:

  • Completed by qualified professionals with expertise in the Mental Capacity Act
  • Fully compliant with COP3 requirements
  • Suitable for submission to the Court of Protection, solicitors, and the Office of the Public Guardian
  • Thoroughly vetted by professionals with years of experience in brain injury, mental health, complex care, and mental capacity assessment
Yes, unless there is already a valid, registered LPA in place. The COP3 form provides the court with expert evidence of the person’s lack of capacity to make the relevant decisions.
Mental capacity is decision-specific. If someone can make some decisions but not others, we assess only the relevant areas. The COP3 form will reflect this in the assessment outcome.
Yes, we can conduct a virtual COP3 assessment. However, it is only recommended in certain circumstances, such as when the person experiences severe anxiety or difficulty engaging in face-to-face settings.
If the person is found to lack capacity after a COP3 mental capacity assessment, this will be documented clearly on the COP3 form. The deputyship application can then proceed based on the outcome.
No, we work with solicitors, families, local authorities, and healthcare professionals. Whether you’re supporting a vulnerable adult or acting as a professional deputy, we can help.

Why Choose OFH Care for Court of Protection Assessments? 

At OFH Care, we specialise in mental capacity assessments for people with brain injuries, neurological conditions, mental health conditions and complex support needs. Solicitors, families, and professionals across England and Wales trust OFH Care because we provide: 

  • Court-compliant reports for health and welfare and property and financial affairs 
  • Nationwide coverage with both face-to-face and virtual assessments 
  • Person-centred and ethical approach in line with the Mental Capacity Act 2005 
  • Experienced assessors with expertise in mental capacity and safeguarding 
  • Transparent, fixed-fee pricing with fast turnaround 

We’re here to support your Court of Protection applications with clarity, efficiency, and compassion. You may also want to explore other assessment options, including Wills and probate, contracts, and the appointment of LPAs. 

Also, read our guide on Court of Protection applications.

Take the next step with confidence — we’re here to support your Court of Protection application from start to finish.

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