COP3 assessments
The COP3 is the assessment of capacity form used in applications to the Court of Protection, for example to appoint a deputy. We carry out the assessment and complete the form.
More about COP3 assessmentsPrivate mental capacity assessment
Independent capacity assessments and written reports for solicitors and their clients, covering wills, lasting powers of attorney, Court of Protection applications and financial decisions.
We accept instructions from solicitors. If you are a family member, your solicitor can contact us on your behalf.
Registered with the Care Quality Commission
Independent written reports
Capacity assessments we carry out
Each assessment answers a specific question about a specific decision, and each report is written for the matter you instruct us on.
Testamentary capacity
Whether a person has the capacity to make or change a will, often requested when a will is made or changed later in life.
More about testamentary capacityLasting power of attorney
Whether a person has the capacity to make, or to revoke, a lasting power of attorney for property and financial affairs, or for health and welfare.
Financial capacity
Whether a person can manage their property and financial affairs, or make a particular financial decision.
Health and welfare capacity
Whether a person can make decisions about their own care and treatment.
Not sure which you need?
Call us and we will talk it through before you instruct.
How capacity is assessed
In England and Wales, the Mental Capacity Act 2005 sets the test for most decisions. A person is presumed to have capacity unless it is shown that they do not.
Capacity is always assessed for a particular decision at the time it needs to be made. Under the Act, a person is unable to make a decision if they cannot:
- understand the information relevant to the decision
- retain that information
- use or weigh that information as part of making the decision
- communicate their decision, by any means
The assessment also considers whether any inability is because of an impairment of, or a disturbance in the functioning of, the mind or brain.
For wills, the courts continue to apply the common law test for testamentary capacity set out in Banks v Goodfellow (1870).
This is general information, not legal advice.
How an instruction works
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Today
Instruct us
Call or send an enquiry. We confirm the type of assessment and the fee.
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Before the assessment
We gather the background
Health summaries, medical records and background information, including from the person's GP and other healthcare providers.
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Report within five working days
Assessment and report
We carry out the assessment and send a written report to you as the instructing solicitor.
Fees and where assessments take place
Fees
From £1,000.00. Every case is different, so the fee depends on the location, whether the assessment is remote, what it needs to cover and the complexity of the case. We confirm the fee before you instruct. The invoice can be paid by your firm, or sent directly to your client, their family or their attorney.
Where
Remote assessments are available across England and Wales. In-person assessments can be arranged in some areas, so please ask our team. We accept instructions from solicitors only.
Our mental capacity assessors
Our capacity assessments are carried out by our consultant old age psychiatrists, each on the General Medical Council (GMC) specialist register.
Dr Arpita Chakrabarti
Consultant Old Age Psychiatrist
GMC 5180513View profile
Dr Rohit Renjhen
Consultant Old Age Psychiatrist
GMC 5209302View profile
Dr Reshad Malik
Consultant Old Age Psychiatrist
GMC 7049189View profileCapacity assessment questions
Who can request a capacity assessment?
We accept instructions from solicitors. If you are a family member, your solicitor can contact us on your behalf.
What is a COP3 form?
The COP3, sometimes written COP 3, is the Court of Protection's assessment of capacity form. It records a practitioner's assessment of whether the person has capacity to make the decision the application is about.
How much does a mental capacity assessment cost?
Fees start from £1,000.00 and depend on the location, whether the assessment is remote, what it needs to cover and the complexity of the case. We confirm the fee before you instruct.
What information do you need before the assessment?
Health summaries, medical records and background information, including information from the person's GP and other healthcare providers. We gather these once instructed.
How quickly will I receive the report?
We send the report within five working days of the assessment.
Can you assess someone with dementia?
Yes. A diagnosis of dementia does not in itself mean a person lacks capacity. The assessment looks at whether they can make the particular decision at the time it needs to be made.
Instruct a capacity assessment
Call us to discuss a case, or send an enquiry and we will reply to confirm the assessment and the fee.
Phones answered 24 hours a day. Our clinical team is available Monday to Friday, 8:00 to 18:00.
Related services
Clinically reviewed by Dr Arpita Chakrabarti (GMC 5180513) and Dr Rohit Renjhen (GMC 5209302), consultant old age psychiatrists. Last reviewed 6th October 2026. Next review 6th October 2027. This page is general information, not legal advice.