Make a report on someone's capacity to make decisions

Published date21 March 2018
Subject MatterCourt of Protection forms and guidance
1
COP
3
12.17
Court of Protection
Assessment of capacity
For off‌ice use only
Date received
Case no.
Full name of person to whom the application relates
(this is the name of the person who lacks, or is alleged to lack, capacity)
Please read f‌irst
If you are applying to start proceedings with the
court you must f‌ile this form with your COP1
application form. The assessment must contain
current information.
You must complete Part A of this form.
You then need to provide the form with Part A
completed to the practitioner who will complete
Part B. The practitioner will return the form to
you or your solicitor for f‌iling with the court.
The practitioner may be a registered:
– medical practitioner, for example the GP of
the person to whom the application relates;
– psychiatrist
– approved mental health professional
– social worker
– psychologist
– nurse, or
– occupational therapist
who has examined and assessed the capacity of
the person to whom the application relates.
In some circumstances it might be appropriate
for a registered therapist, such as a speech
therapist or occupational therapist, to complete
the form.
When the form has been completed, its contents
will be conf‌idential to the court and those
authorised by the court to see it, such as parties
to the proceedings.
Please continue on a separate sheet of paper
if you need more space to answer a question.
Write your name, the name and date of birth of
the person to whom the application relates, and
number of the question you are answering on
each separate sheet.
There are additional guidance notes at the end
of this form.
If you need help completing this form please
check the website,
www.gov.uk/court-of-protection, for further
guidance or information, or contact Court Enquiry
Service on 0300 456 4600 or
courtofprotectionenquiries@hmcts.gsi.gov.uk
Court of Protection staff cannot give legal
advice. If you need legal advice please contact
a solicitor.
This form has been prepared in consultation
with the British Medical Association, the
Royal College of Physicians, Royal College of
Psychiatrists and the Department of Health.
© Crown Copyright 2017
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