Applying for deputyship - problems getting CoP3


Registered User
Jun 1, 2019
Hi, we’ve started the process to apply for deputyship but we can’t find someone to give the CoP3 form confirming mum lacks capacity!

There is no doubt she lacks capacity- we have a number of assessments from social workers and doctors confirming this - she is currently in hospital as they’re going through the DoL process for her.

But the social worker and ward doctors are saying they can’t provide the court form for us but haven’t given us a good reason why. Is this because of a conflict of interest or something? Has anyone found a way round this? We are going to try her GP but think they may not do it as she’s in hospital


Registered User
Feb 25, 2014
South coast
Hello @Kelly84
This seems to be becoming an increasing problem. People seems to be increasingly reluctant to sign this form. I was lucky as mums SW signed mums - her GP refused to do it.
If you have already tried your mums social worker and the hospital doctors, then you have gone down the routes that I would normally expect to find someone to sign. Do you know who did her capacity test for the DoLs? Have you tried that particular person?

If you cant get anyone to sign it at the hospital you can get an Independent SW, or an Independent Capacity Assessor (google will tell you who is in your area) who will sign the form, but it will cost.


Registered User
Mar 26, 2011
Near Southampton
My husband was in hospital at the time and his consultant psychiatrist signed it with no problem at all and with no payment involved.
Whoever assessed your mother should surely agree to sign it.


Registered User
May 12, 2019
It will be the Consultant/Doctor who carried out the actual assessment who will need to complete/sign form etc ....I guess the hospital won’t tell you directly due to patient confidentiality reasons (your mum being their patient etc), frustrating...however, your mums GP will know so I would contact the practice but I would request in writing