COP 3 Guidance for Completing Form - RJN _Ver 2.1_ 01 Feb 2018

Guidance on Capacity Assessment CoP 3 Form ETC Advice Ltd
COP3 Assessment of Capacity - Guidance
BACKGROUND.
A deputyship order is a court order under which the Court of Protection appoints someone (called a deputy) to act and make decisions on behalf of a person who lacks mental capacity to manage his ownSometimes the Court of Protection needs to make a decision about whether a person has mental capacity to manage his own affairs. This might be the case where it is asked to make a deputyship order, or where the donor of and Enduring or Lasting Power of Attorney objects to its registration by the office of the Public Guardian.
In these cases the Court will need to seek the opinion of an appropriately qualified medical practitioner, and the practitioner should complete this form to indicate whether or not he believes that the individual has mental capacity.
This form can be download here:
http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=10080
THE ASSESSMENT
A “good” capacity assessment would include the following considerations: (1) Be clear about the capacity decision that is being assessed;
(2) Ensure P (and you) have the concrete details of the choices available (e.g. between living in a care home and living at home with a realistic package of care);
(3) Identify the salient details P needs to understand/comprehend (ignoring the peripheral and minor details);
(4) Avoid the protection imperative;
(5) Demonstrate the efforts taken to promote P’s ability to decide;
EVIDENCE EACH ELEMENT OF THE ASSESSMENT:
What is the impairment/disturbance? Is it temporary or permanent?
Why could P not understand, or retain, or use/weigh, or communicate in spite of the assistance given?
How is the inability because of the impairment/disturbance (as opposed to something else)?
Why is this an incapacitated decision as opposed to an unwise one?
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