COP3 capacity assessment: what to arrange
A plain-English introduction for families preparing a property and financial affairs deputyship application.
What is COP3?
COP3 is the Court of Protection form used to provide an expert opinion about a person's mental capacity. It forms part of the evidence for an application to make decisions on their behalf. Download it from the official COP3 page, so you use the current version.
Who completes each part?
The applicant completes Part A, explaining the decisions involved and the proposed court order. An appropriate assessor completes Part B. The form identifies medical practitioners and social care professionals as possible assessors and asks about their qualifications, experience and conflicts of interest.
The assessment concerns particular decisions at the relevant time. A diagnosis or an unwise choice does not, by itself, establish that someone lacks capacity. The form also asks about support to help the person decide. Read its guidance notes with your assessor.
What should I prepare?
For Part A, gather the person's details, your connection to them, the decisions needed and useful background. Include known communication support and relevant financial circumstances. The assessment must contain current information.
The assessor returns the completed form to you or your solicitor. Keep a copy and follow the application instructions for submitting it.
Questions to ask before booking
These practical questions can help you understand the proposed service before committing:
- Can you assess the decisions involved in this application and complete COP3?
- What information do you need from us before the appointment?
- How will you accommodate the person's communication and support needs?
- What is the total charge, and does it include the completed report and any travel?
- When should we expect the appointment and completed form?
Ask the assessor to explain anything unclear. Keep their quote and appointment details with your application notes.
What if I cannot obtain an assessment?
GOV.UK says the court may not accept an application without COP3. If an assessment cannot be obtained, its guidance directs applicants to a COP24 witness statement explaining why they believe the person lacks capacity. This does not guarantee acceptance. Follow the official application guidance and seek appropriate advice if you are unsure.
Continue preparing your application
Read the step-by-step deputyship application guide →