Property and financial affairs deputy
An application to make decisions about someone's money, property and financial affairs.
COP3 assessments for the Court of Protection
The COP3 is the Court of Protection's assessment of capacity form. It must be filed with an application to start proceedings, for example to be appointed as a deputy. We carry out the capacity assessment and complete Part B, the assessor's part of the form.
We accept instructions from solicitors. If you are a family member, your solicitor can contact us on your behalf.
What is a COP3 form?
Form COP3, Assessment of capacity, gives the court a professional opinion on whether the person can make the decision the application is about. It has two parts. Part A is completed by the applicant, and Part B by the assessor.
The court may not accept an application without it. If an assessment cannot be obtained, the applicant must send a witness statement (form COP24) explaining why they think the person lacks capacity.
The Court of Protection covers England and Wales. Scotland and Northern Ireland have their own processes.
When a COP3 is needed
A COP3 goes with applications to the Court of Protection when someone cannot make a decision for themselves. For example:
Personal welfare deputy
An application to make decisions about someone's medical treatment and how they are looked after.
A one-off decision
An application asking the court to make a single decision on someone's behalf.
We assess capacity for the decision your application is about, so tell us which application you are making when you instruct us.
What the assessor records
Part B follows the test in the Mental Capacity Act 2005, which presumes a person has capacity unless it is shown that they do not.
- Any impairment of, or disturbance in the functioning of, the mind or brain, with a diagnosis where there is one
- Whether the person can understand the information relevant to the decision, retain it, use or weigh it and communicate their decision
- The support given to help the person make the decision
- Whether the person might regain or gain capacity in the future
- The person's own views on the matter
The assessment can take place in person or remotely. For a remote assessment, the form asks the assessor to explain why, and how the person was supported. The assessor signs a statement of truth.
We carry out COP3 assessments remotely, across England and Wales. In-person assessments can be arranged in some areas, so please ask our team.
Dementia and capacity
A diagnosis of dementia does not in itself mean a person lacks capacity. Capacity is assessed for a particular decision at the time it needs to be made, and some people can make some decisions but not others.
Who can complete a COP3?
The form says assessors may include medical practitioners, such as GPs, and social care professionals. The assessor must set out their qualifications and experience of assessing capacity under the Mental Capacity Act 2005, and confirm their opinion is free from any conflict of interest.
Our COP3 assessments are carried out by our consultant old age psychiatrists: Dr Arpita Chakrabarti (GMC 5180513), Dr Rohit Renjhen (GMC 5209302) and Dr Reshad Malik (GMC 7049189).
Meet our clinical teamHow an instruction works
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Today
Instruct us
Call or send an enquiry. We confirm the 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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Form ready within five working days
Assessment and COP3
We carry out the assessment, complete Part B of the COP3 and send it to you as the instructing solicitor.
COP3 questions
What is a COP3 assessment?
It is a capacity assessment carried out for an application to the Court of Protection. The assessor records their opinion in Part B of form COP3, sometimes written COP 3, which is filed with the application.
Who can complete a COP3 form?
The form says assessors may include medical practitioners, such as GPs, and social care professionals. They must state their experience of assessing capacity under the Mental Capacity Act 2005.
Does a COP3 assessment have to be recent?
The form says the assessment must contain current information. It does not set a time limit, so if an assessment is not recent, ask your solicitor whether a new one is needed.
Can a COP3 assessment be done remotely?
The form allows it, as long as the assessor explains why and how the person was supported. We offer remote COP3 assessments, as well as in-person assessments in some areas.
What if a COP3 assessment cannot be obtained?
The applicant must send a witness statement (form COP24) explaining why they think the person lacks capacity.
How much does a COP3 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.
Instruct a COP3 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
Sources
- GOV.UK: Make a report on someone's capacity to make decisions: Form COP3Form version 01.24
- GOV.UK: Apply to be a property and financial affairs deputyLast updated 2nd December 2024
- GOV.UK: Apply to be a personal welfare deputyLast updated 2nd December 2024
- legislation.gov.uk: Mental Capacity Act 2005Sections 1 to 3
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.