At OFH, we are experts in carrying out COP3 capacity assessments for applications to the court of protection. Each COP3 assessment of capacity we carry out is comprehensive and done with careful consideration to the legal guidance/requirements for the specific decision.
The Court of Protection is a specialist Court that deals with decisions relating to people who lack the mental capacity to make certain choices for themselves. These decisions range from managing property and financial affairs, making health and welfare decisions, lasting power of attorney UK, writing a will (testamentary capacity), making a lifetime gift, litigation capacity (capacity to conduct proceedings), decisions to marry, consent to sexual relations and many more.
At the time of applying to the court of protection, an assessment of capacity will need to be carried out. The report (completed on a CoP3 form) will need to be submitted with the application. If the person lacks mental capacity, the completed COP3 form gives evidence of the person’s lack of capacity and helps the court to decide if the matter is within its jurisdiction. At OFH, we specialize in carrying out court of protection capacity assessments that are robust and provide the necessary evidence.
The Mental Capacity Act, 2005, sets out how mental capacity assessments should be carried out in determining whether a person lacks capacity or not. This is done in two stages, with the first stage being the need for evidence that, the person being assessed “has an impairment of, or disturbance in the functioning of, their mind or brain.” To meet this criterion during a capacity assessment, it is not necessary that the person has a diagnosis. For example, acute confusion, memory loss, impaired cognition because of the effects of drugs or alcohol, are all impairments or disturbances of the mind or brain, whether diagnosed or not and, whether temporary or enduring. The second stage requires the mental capacity assessor to establish whether, the impairment affects the person’s ability to understand, retain, and weigh-up or use the information provided to make up their mind about the decision. Finally, the person must communicate their decision by any means (verbal, none verbal or other communication methods the person can use).
We are specialists offering comprehensive mental capacity assessments in the UK. The advantage of our service to our clients, is the combination of efficiency and professionalism. OFH is one of a few highly rated companies of its kind that offers mental capacity assessments to support applications to the Court of Protection. Our assessors have the expertise and experience in assessing clients with varying complexity, age, and presenting needs.