COP3 Assessment
Often relatives or caregivers recognise that a person can no longer make their own decisions.
When this happens, an application for deputyship is made to the Court of Protection so that the applicant can be legally authorised to make decisions on behalf of the individual.
Why is a COP3 assessment necessary?
The Court of Protection is a specialist court; its role is to make decisions for and appoint deputies to act on behalf of those who cannot make decisions for themselves. Deputyship concerns 2 areas : property and financial affairs, and personal welfare.
The COP3 form requires an assessment of mental capacity and is one of several forms that need to be filled out by the applicant or solicitor. Separate capacity assessments are carried out for different decisions. One or both areas can be assessed at the same appointment. Official guidelines suggest that the mental capacity assessment be conducted by a medical practitioner or social care professional.
What does the assessment involve?
Dr. Pather will first need to speak to relatives or caregivers to gather necessary background information about the individual. She will then undertake a robust assessment of mental capacity in accordance with the provisions of the Mental Capacity Act 2005. This does not include any cognitive screening or diagnostic testing. The assessment will take place in the client’s home at a time that is convenient to them. If it is found that the individual has mental capacity, the individual may then wish to consider granting LPA instead. Dr. Pather can provide a mental capacity report in this regard for the same cost.
Dr. Pather also undertakes mental capacity assessments for testamentary capacity (making a will), the test being set out in the landmark case of Banks v Goodfellow rather than the Mental Capacity Act.
When will I receive the completed assessment form?
An electronic version of the form will be completed within 7 days of the assessment and returned to the applicant by secure email.
WHAT IS THE COST?
COP3 Prices
COP3
Health and Welfare or Property and Finances
£550
COP3
Health and Welfare and Property and Finances
£1000
What is & isn’t included
Prices are inclusive of VAT. The cost involves preparation time, travel time, assessment time and preparation of the COP3 report. If the distance travelled is over 10 miles, there is a surcharge of 55p per mile.
Payment terms
Payment is to be made in full in advance of the service/s before they are provided. You will be sent an invoice when you receive a confirmation. The invoice must be paid within 15 days of the date of the invoice if the appointment is booked more than 15 days in advance. Please see our Terms & Conditions document for further details.
CAPACITY ASSESSMENT FOR LPA
Lasting Power of Attorney
A lasting power of attorney (LPA) is a legal document which allows a person (donor) to appoint one or more people (attorneys) to make decisions on their behalf if they lose the capacity to do so.
The two types of LPA are health and welfare relevant to medical treatment, day to day care and where someone lives, and property and financial affairs. Mental capacity at the time of granting LPA is necessary.
The process also requires a certificate provider who must sign the LPA specifying that the donor understands the nature of the LPA and is free of undue influence in granting LPA. Dr. Pather will provide a report of mental capacity and be the certificate provider.