CoP3 Assessment

What is a CoP3 assessment?
A CoP3 assessment is a capacity assessment that is then written up in the form of a Court of Protection Form (the court form is numbered 3 – hence the name CoP3). The assessment can be based on any specific question given but most commonly we complete them for Property and Financial affairs or Health and Welfare decisions.

In many circumstances the form is used to present to the Court and if they lack capacity, a deputy will be assigned to the client.

What is included in the CoP3 assessment?
Our CoP3 assessments include one visit to the client’s home, an assessment, travel, reading time and the competition of Part B of the CoP3 form. The assessment will cover the specific question being asked, most commonly assessing property and financial affairs or health and welfare.

What case law do you use?
Depending on the decision being assessed the assessment is either covered by the Mental Capacity Act (2005) and the two-stage test or another legal test such as Dunhill v Burgin (2014).

What information do you need from me?
We will need a completed version of Part A of the CoP3 form as well as details surrounding the matter being addressed. If the CoP3 is looking at property and financial affairs for example we will need details of the client’s property, income, savings and outgoings for example.

Contact us and we will provide a copy of our bespoke referral form which helps lay out what information we need from you.

What happens in the assessment?
Our assessments are very much person centred and are made to feel like a conversation surrounding the questions being assessed. We will see the client at home to ensure they feel as comfortable as possible and will use clear language and communication methods appropriate to the individual.

We say the assessment should take around an hour or so and takes the form of open questions designed by the assessor based on the specific items being assessed and the information supplied prior to the assessment.

Why is a CoP3 assessment necessary?
Often we are requested to complete CoP3 assessments when it is thought that the person being assessed may need assistance in managing that area of their life. It is common that the CoP3 forms are used to present to the Court to then lead to the appointment of a deputy for that individual.

What happens if the client has capacity?
A CoP3 form can still be completed when a client has a capacity but as the form is not designed for this purpose it can limit the information provided. In place of the CoP3 we can provide a summary report or for an additional charge we can produce a full and detailed report.

To discuss arranging a CoP3 assessment with TSF please contact us.