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New Court of Protection Capacity Assessment Form

Posted on 15th August 2023 in Probate & Wills

Posted by

Emma McAdam

New Court of Protection Capacity Assessment Form

The Court of Protection has announced a new mental capacity assessment form (COP3) which should be used as part of applications to the Court, for instance deputyship applications. The form has been updated to more closely reflect and follow the test for mental capacity under the Mental Capacity Act 2005. The form asks whether the person can understand, retain, weigh and communicate their decision on the matter in question.

The form also now places less emphasis on professional qualifications as evidence of competence to carry out the assessment. The form now asks for qualifications, training and practical experience supporting their ability to assess capacity.

The Court has not confirmed whether the previous COP3 format will still be accepted and has recommended that the new COP3 be used for all new applications. 

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