GP refuses to sign COP3 form

[vanilla cheesecake]

Hi
I posted before asking what we could do regarding care home fees before we get deputyship for my mother in law. Thanks to your suggestions, I phoned the home and they are very understanding and will wait. However, that was before the GP visited her on Tuesday to assess her and sign the COP3 form, the last thing we are waiting for before everything goes off to the Court of Protection.

However, MIL was so awful to her - angry, accusing, constantly repeating of course, giving her opinion of her, that she left there terrified of her and refusing to sign the form, not because she doesn't think she no longer has mental capacity but because she is worried she will make a complaint about her! She says we will have to get an independent assessment but has not suggested how or who and the solicitor hasn't a clue.

Has anyone come across this before and how did you overcome it?

 

[nitram]

It's the GP's prerogative to decide whether to sign or not.

Before you go looking for independent assessors consider the list of people who can sign:

"You then need to provide the form with Part A
completed 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 be a registered:
– medical practitioner, for example the GP of
the person to whom the application relates;
– psychiatrist
– approved mental health professional
– social worker
– psychologist
– nurse, or
– occupational therapist
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."

https://assets.publishing.service.g...oads/attachment_data/file/687945/cop3-eng.pdf

 

[silversea2020]

My thoughts are I think I’d contact social services to see if they can help with this? If they can’t, maybe they can suggest? I understand it’s the GPs prerogative whether to sign or not etc but this path is arduous & things take such a long time to sort out when one is on this path. In my view, the whole system needs a drastic overhaul - Let us know how you get on

 

[Rosettastone57]

Hi
I posted before asking what we could do regarding care home fees before we get deputyship for my mother in law. Thanks to your suggestions, I phoned the home and they are very understanding and will wait. However, that was before the GP visited her on Tuesday to assess her and sign the COP3 form, the last thing we are waiting for before everything goes off to the Court of Protection.

However, MIL was so awful to her - angry, accusing, constantly repeating of course, giving her opinion of her, that she left there terrified of her and refusing to sign the form, not because she doesn't think she no longer has mental capacity but because she is worried she will make a complaint about her! She says we will have to get an independent assessment but has not suggested how or who and the solicitor hasn't a clue.

Has anyone come across this before and how did you overcome it?

Although I have no personal experience, I'm sure other posters have suggested the services of an independent social worker, presumably for a fee. Perhaps others will be along soon with further information

 

[canary]

This seems to be an increasingly common problem.
Mums GP wouldnt sign the CoP3 either, but her social worker was happy to do so.

You can get independent mental capacity assessors - if you google that, you will find some. I have not used them and I dont know how much they charge, but you usually have to pay to get that form filled anyway. If you cant get anyone else to fill it in, that might be an option.

 

[vanilla cheesecake]

These are all really useful and thank you. She has had a visit from the adult social services, who was doing a mental capacity test last Friday but we have not heard the outcome yet. Hopefully they can do this dratted form.

 

[nitram]

@vanilla cheesecake

Have you seen the COP3 form
https://assets.publishing.service.g...oads/attachment_data/file/687945/cop3-eng.pdf
You, or somebody acting for you, fills in Part A, the practitioner then fills in Part B.
The completed form is then submitted to the COP (court of protection) along with the application for deputyship.

 

[Kevinl]

I had a dreadful job getting that form signed. GP, memory clinic, social services, hospital doctor (who did the DOLS)

Anyone under a DoLS and their carers has the right to free access to an Independent Mental Capacity Advisor, they should do this free to you I believe, mine asked if I had any forms I wanted signing to do with CoP or LPA.
K