COP3 Assessments
Professional medical evidence for Court of Protection applications, providing rigorous evaluation of mental capacity under the Mental Capacity Act 2005. Urgent reports for deputyship and statutory wills are available with expedited turnaround.
Expert Type
- Consultant Psychiatrist
- Forensic Psychiatrist
- Old Age Psychiatrist
- Clinical Psychologist
Applicable Law
- Mental Capacity Act 2005
- Court of Protection Rules 2017
- CPR Part 35
- Human Rights Act 1998
- Mental Health Act 1983 (as amended 2007)
When Needed
A COP3 assessment is required when making an application to the Court of Protection to appoint a deputy or to obtain a specific court order for someone who lacks capacity.
What Is a COP3 Assessment?
A COP3 Assessment is a formal medical report required by the Court of Protection to evidence whether an individual (the ‘P’) has the capacity to make specific decisions. It serves as Part B of the COP3 form, providing the clinical evidence necessary for the court to grant deputyship for property and affairs or personal welfare.
The assessment is governed by the Mental Capacity Act 2005, requiring a two-stage test to determine if an impairment of the mind or brain prevents the individual from making a specific decision at the material time. Our experts ensure that the assessment is decision-specific, recognising that capacity is not a global state but a functional ability.
- Diagnostic stage — identifying an impairment of, or a disturbance in the functioning of, the mind or brain
- Understanding information — the ability to comprehend the relevant facts of the decision
- Retaining information — the capacity to hold that information long enough to reach a choice
- Weighting information — the ability to use and weigh the information as part of a decision-making process
- Communication — the ability to signal the final decision through any possible means
- Causative nexus — demonstrating that the functional inability to make the specific decision arises because of the identified impairment (s.2–3 MCA 2005)
The Court of Protection demands high standards of evidence, often requiring Section 12 approved doctors or specialist psychiatrists to provide the opinion, particularly in contested or complex cases. Our experts provide the clinical depth required to satisfy judicial scrutiny and protect the rights of the individual.
We focus on identifying the functional limitations of the individual while detailing any practicable steps taken to support their decision-making before reaching a conclusion of incapacity.
Key Assessment Components
Our assessment evaluates the following areas:
Mental State Examination
A comprehensive clinical interview to assess cognitive function, orientation, and psychiatric symptoms.
MCA 2005 Functional Test
A rigorous application of the statutory test to determine if the individual can understand, retain, and weigh relevant information.
Medical Record Review
Detailed analysis of GP records and specialist reports to establish the long-term nature of the impairment.
Evidence of Fluctuation
Assessment of whether capacity fluctuates over time and if a decision could be delayed until capacity is regained.
Best Interests Advice
While capacity is the focus, our experts can provide context regarding the individual’s wishes and feelings for best interests applications.
COP3 Form Completion
Expert completion of the Part B section of the official form, ensuring all legal requirements are met for the court.
Conditions That May Affect This Assessment
A range of psychiatric and psychological conditions can affect this assessment. These include:
Our experts are highly experienced in cases where cognitive impairment may be masked by social skills or where capacity is borderline.
Assessment Process
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Instruction Received
Solicitor provides the COP3 form, relevant medical records, and details of the specific decision required.
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Expert Matched
We match the case with a Consultant Psychiatrist specialized in the specific condition (e.g., Old Age or Neuropsychiatry).
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Assessment Conducted
The expert conducts a face-to-face or video assessment, following all Mental Capacity Act 2005 principles.
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Report Delivered
A fully completed COP3 Part B and a supporting psychiatric report are delivered to the instructing solicitor.
Turnaround Times
| Urgency Level | Timescale |
|---|---|
| Standard Report | 4-6 weeks from assessment |
| Priority Report | 1-2 weeks |
| Urgent Report | 1-4 days |
What’s Included in the Report
All reports are prepared by seasoned expert witnesses who are available to provide oral evidence in the Court of Protection if the application is contested.
Frequently Asked Questions
Need a COP3 Assessment Report?
Contact our expert witness team for COP3 assessments and professional medical evidence. We deliver detailed CVs and transparent fee quotes within 60 minutes.
Related Mental Capacity & Court of Protection Services
Assessments regarding the capacity to make or amend a Will.
Expert certification of capacity for Lasting Power of Attorney.
Evaluations for individuals in care homes or hospitals who lack capacity.
Assessing a party’s ability to conduct legal proceedings.
Capacity assessments following brain injury or trauma for settlement management.
Expert reports for applications to the court to create a Will for someone lacking capacity.
