COP3 — Assessment of Capacity
Completed by a medical professional, social worker, or other qualified assessor to provide the Court of Protection with evidence of whether P (the subject of the application) lacks capacity to make the relevant decision.
Who uses this form
Doctors, psychiatrists, psychologists, social workers, or other approved health and care professionals assessing mental capacity for Court of Protection proceedings.
When to use it
File with the COP1 application. Must be specific to the decision in question — the Mental Capacity Act 2005 test is decision-specific and time-specific.
Where to file
Filed as an exhibit to the COP1 application at the Court of Protection.
Court fee
Free to file (professional assessment fee is a separate matter).
Common mistakes to avoid
Using a capacity assessment that addresses a different decision than the one before the court
Assessment carried out too long before filing — capacity can change, so recent assessment is preferred
Not applying the correct MCA 2005 two-stage test: diagnostic threshold then functional test
Failing to record the person's views and wishes even if they lack capacity
Related Guides
Official source
Download / view form on GOV.UK or HMCTSAlways download forms directly from official government sources. Third-party copies may be outdated.