A COP3 form is an important document required when applying to the Court of Protection for authority to make decisions on behalf of someone who lacks mental capacity. This guide explains how to complete a COP3 form, who fills in each section, and how the process ensures the Court receives accurate, lawful information to act in a person’s best interests.
What is a COP3 form, and why is it needed?
A COP3 form, officially known as the “Court of Protection Assessment of Capacity,” must be completed for applications to the Court of Protection to determine whether an individual has the mental capacity to make specific decisions. This form is essential because the Court of Protection only makes decisions for people assessed as lacking mental capacity. Moreover, the form must be included in any applications to the Court of Protection.
Here is an Example
A woman, let’s call her Mrs Smith, has been diagnosed with a medical condition that affects her memory. Her condition has deteriorated to the point where she can no longer manage her financial affairs or make decisions about her money by herself. Mrs Smith’s daughter, Jane, is concerned about her mother’s ability to handle her finances and make important health decisions.
As a result, Jane decides to apply for deputyship to manage her mother’s affairs. To do this, she must submit a COP3 form as part of her application to the Court of Protection. The COP3 form will provide the court with an assessment of Mrs Smith’s mental capacity, confirming that she is unable to make these decisions herself.
What does a COP3 form include?
The COP3 form is divided into two parts:
- Part A: This is completed by the person applying to the Court of Protection. In other words, the referrer.
- Part B: This is completed by a qualified assessor, such as an independent mental capacity assessor, medical practitioner or social care professional.
The form can be used in various scenarios, including applications to become a deputy for property and financial affairs, personal welfare, statutory wills, gifting applications, and removing a trustee from a trust.
Who can fill a COP3 form?
The COP3 form must be completed by the person making the application and by an appropriately qualified professional. Part A is completed by the applicant, who may be a family member, solicitor, or another interested party. Part B requires the expertise of an independent mental capacity assessor. This assessor can be:
- Medical practitioners: General practitioners (GPs), psychiatrists, or other doctors with relevant experience
- Social care professionals: Social workers or other professionals experienced in assessing mental capacity
- Healthcare professionals: Nurses and other professionals experienced in conducting mental capacity assessments
- Therapists: Psychologists, occupational therapists, physiotherapists and other professionals with experience in mental capacity assessments
It is crucial to ensure that the assessor is free from any conflict of interest and has the necessary qualifications and experience to make an accurate assessment in accordance with the Mental Capacity Act 2005.
Steps to complete a COP3 form
Below is a step-by-step guide to completing a COP3 form.
Step 1: Obtain the COP3 form
Download the COP3 form from the UK Government website or request a printed version from your local court.
Step 2: Complete part A of the COP3 form
The applicant or referrer must provide detailed information about the person to whom the application relates. This also includes details on the decisions to be made and on why a court order is necessary.
Step 3: Find a qualified capacity assessor
Ensure you have a qualified health or social care professional who can conduct a mental capacity assessment and complete Part B of the COP3 form. This may require contacting local health services, social care providers, or private mental capacity assessment services such as OFH Care.
Step 4: Complete Part B of the COP3 form
The mental capacity assessor includes their professional details, qualifications, and relationship with the person being assessed. They will also include relevant information about the person’s capacity to make the decision relating to the application.
During this stage, the assessor evaluates the person’s capacity to make specific decisions using the principles of the Mental Capacity Act 2005. They may ask questions to test understanding, reasoning, and awareness of consequences. The assessor records clear evidence of whether the individual can understand, retain, use or weigh information, and communicate their decision. This ensures the court receives a fair, decision-specific assessment.
Step 5: Submit the COP3 form
Once both parts of the COP3 form are completed, submit the form along with any other required documents to the Court of Protection. The completed COP3 form can be submitted to the Court of Protection by post or email. Some applications can be submitted online through the Court of Protection’s digital services. This method may involve uploading the completed form and other documents directly to the online portal.
It’s important to check the specific submission guidelines on the UK Government website or contact the Court of Protection directly to confirm the preferred method for your application.
Going Back to the Example
Since Jane is the applicant on behalf of her mother, she will need to complete COP3 Part A, which details her relationship with Mrs Smith and the specific decisions to be made. Jane then contacts a private mental capacity assessor to complete COP3 Part B. The capacity assessor evaluates Mrs Smith’s mental capacity and provides detailed information about her condition, confirming that she lacks the capacity to make the necessary decisions.
With the COP3 form completed, Jane submits it along with her application for deputyship. The Court of Protection reviews the form and other documents submitted and ultimately grants Jane authority to manage her mother’s affairs. This ensures that Mrs Smith’s best interests are protected and she receives the support she needs to manage her finances effectively.
This example shows how the COP3 form protects individuals who are unable to make decisions independently. It also ensures that the Court of Protection has the necessary information to make informed decisions in the person’s best interests.
Conclusion
Completing a COP3 form is straightforward, but it requires careful attention to ensure all information is accurate and comprehensive. By following these steps, you can ensure the Court of Protection has the necessary information to make informed decisions in the best interests of the person lacking capacity.
At OFH Care, we fill out Part B of the COP3 form at no additional charge. Do you need to complete an application to the Court of Protection? Contact us as soon as possible.