Why Is A Mental Capacity Assessment Needed For A Deputyship Application?

At Nelsons, we assist many clients in drafting deputyship applications and the mental capacity assessment form is one of the most important parts. Below, we will explain what a mental capacity assessment is and why it is needed.

What is a mental capacity assessment?

The purpose of a mental capacity assessment is to determine the diagnosis and what effect this is having on the vulnerable adult. The presence of an impairment of, or disturbance in the functioning of the mind or brain; and where an impairment or disturbance exists, determine whether this is preventing them from making decisions.

Examples of people who may lack the mental capacity to make decisions include those with, dementia, learning disabilities or a brain injury.

When drafting deputyship applications, we will complete the first part of the mental capacity assessment form, also known as a COP3. The second part of the form is then passed onto a medical practitioner to complete, this section confirms whether the client has the mental capacity to make the relevant decision.

What information is needed to complete a mental capacity assessment form?

To enable us to complete the COP3, we need the personal details of the person who lacks or is alleged to lack, capacity. The applicant’s details also need to be included, which would be the person making the application, with deputyship applications, this would be the proposed deputy.

We also need to confirm what order we are asking the Court of Protection to make. In a deputyship application, this would be whether the vulnerable person has the capacity to manage their property and financial affairs.

We would then arrange for a medical practitioner to complete the capacity assessment with the vulnerable person and return the form to us, which would confirm whether the vulnerable person lacks capacity or not.