Help! Mental capacity assessment for Court of Protection.

skaface

Registered User
Jul 18, 2011
109
0
Ramsgate
My mum is now at the stage where she needs to go into a care home, so I am busy with that.

She always refused to make a will, or grant me an LPA, so I am having to go down the Court of Protection route to ask to be appointed as a Deputy so I can deal with the finances of funding her care, as well as make decisions about her health and welfare.

All the forms I need to complete are with the solicitor, except for the mental capacity one. I had been told the solicitor would instruct an assessor but the solicitor tells me I need to arrange this myself.

I don't have a clue where to start with this! I have looked online and there is a firm that does this, but it costs £600, which I am a little reluctant to pay, but if that's the way to go, I will go there.

Should I ask mum's GP, or what? Should the county council be able to help, or Social Services?

I tell you, if I EVER get this dreadful disease, the FIRST thing I am going to do is go straight to a solicitor to grant my sister an LPA!
 

nitram

Registered User
Apr 6, 2011
30,298
0
Bury
The form that has to be completed is a >>>COP3<<<

It contains:-
• You must complete Part A of this form.

• You then need to provide the form 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 charge a fee for
completing the form. Please ask the practitioner
about the amount they will charge.

• The practitioner may be a registered medical
practitioner, psychologist or psychiatrist 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.


You should approach her GP or consultant.
Social workers can also do the assessment but will probably refuse.

>>>THIS<<< is a 'best practise' example of a completed form by an LA to obtain deputyship..
 

skaface

Registered User
Jul 18, 2011
109
0
Ramsgate
THANK YOU!!!

I spoke to the surgery, the GP can arrange but needs to refer mum first, so he's coming to visit her next Friday to assess her and (hopefully) refer her.

I already have my bit of COP3 filled out, and will take it with me.
 

Pickles53

Registered User
Feb 25, 2014
2,474
0
Radcliffe on Trent
I don't have a clue where to start with this! I have looked online and there is a firm that does this, but it costs £600, which I am a little reluctant to pay, but if that's the way to go, I will go there.

Should I ask mum's GP, or what? Should the county council be able to help, or Social Services?

I tell you, if I EVER get this dreadful disease, the FIRST thing I am going to do is go straight to a solicitor to grant my sister an LPA!

Just to note, if you end up having to pay the fee upfront, keep the receipt. This is a legitimate expense which you can recover from your mum's funds once deputyship is granted.