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CAPACITY AND THE COURT OF PROTECTION · NURSE-LED ASSESSMENTS

Mental capacity assessments and COP3 reports, at fixed fees, within days

When a decision is blocked because nobody is sure whether the person can make it – a move, a sale, a care package, an LPA – a proper assessment unblocks it. A registered nurse with thirty-six years in mental health assesses the specific decision, records it the way the Mental Capacity Act Code of Practice requires, and reports within five working days.

Decision-specificCapacity is assessed for one decision at a time. We say which decision, and why, in every report.
Court-readyCOP3 completed on the live form; two-stage MCA record; CPR 35 declaration where a solicitor needs one.
FastVisit within 7 days, report 5 working days after – or 72 hours with the urgent surcharge.
THE PROBLEM

“We can’t do anything until someone assesses Mum”

That sentence stalls house sales, care home admissions, hospital discharges and LPA registrations for months. GPs increasingly decline capacity assessments; memory clinics have waiting lists; social workers assess for their own decisions, not yours. Meanwhile the decision waits.

The Mental Capacity Act is clear about what an assessment is: a two-stage test, for a specific decision, at a specific time, with the person supported to take part. It does not have to be a doctor. It has to be done properly, and written down properly.

What we assess

  • Where to live and what care to accept – residence and care decisions
  • Managing money, a property sale, a tenancy or a specific transaction
  • Whether the person can make a Lasting Power of Attorney now
  • Capacity to consent to a care plan, a DoLS or a best-interests process
  • Two decisions at one visit where both are in question
What we refer onTestamentary capacity (wills) and litigation capacity: courts prefer a medical practitioner – the “golden rule”. We introduce a psychiatrist, GP or psychologist from our partner network rather than take the case.
“Capacity is not a label a person carries. It is a question about one decision, on one day, answered with evidence.”
FEES

Capacity and Court of Protection fees

Fixed, in writing, exc. VAT. Travel beyond 30 miles of Eastbourne at cost.

Mental capacity assessment – single decision60–90 minute visit or video · two-stage MCA record · report in 5 working days
£450 exc. VAT · £540 inc. VAT
Mental capacity assessment – two decisionsBoth decisions at the same visit, separately recorded
£795 exc. VAT · £954 inc. VAT
COP3 report – videoCourt of Protection assessment of capacity on the live form, with covering note
£450 exc. VAT · £540 inc. VAT
COP3 report – in personAs above, at home or in the care setting
£550 exc. VAT · £660 inc. VAT + travel
Urgent capacity or COP3 (72 hours)Surcharge on any of the above
£95 exc. VAT · £114 inc. VAT surcharge
Best-interests recordWhere the person lacks capacity: the decision recorded to the Code of Practice standard – quoted with the assessment
Quoted
FREE CHECK

Which assessment do you actually need?

Six questions. The result names the assessment, the price and whether the free routes are worth trying first.

DEPUTYSHIP OR LPA?

The question behind most capacity enquiries

If the person has capacity to make an LPA, the LPA is faster, cheaper and theirs to control: we can prepare it in the same visit. If they lack that capacity, the only route is a deputyship application to the Court of Protection, made by a solicitor, with our COP3 as the evidence of capacity.

Free callWhat decision, and for whom
No → DeputyshipSolicitor partner applies; our COP3 £450 is the evidence
For solicitors and deputiesCOP3 on the live form, two-stage record, covering note, CPR Part 35 declaration where required, and turnaround in five working days. Welfare visits and capacity reviews for existing deputyships are on the deputies and attorneys page.

What this is not

  • Not a medical diagnosis. We assess capacity for a decision; a memory clinic diagnoses the condition.
  • Not legal advice. Whether to apply for deputyship, and how, is for the solicitor.
  • Not testamentary or litigation capacity – referred to a medical practitioner.
  • Not an IMCA. Statutory advocacy is commissioned by the council; we provide independent professional advocacy.
QUESTIONS

Questions about capacity assessments

Can a nurse do a capacity assessment?

Yes. The Mental Capacity Act does not restrict assessment to doctors; it requires the assessor to be able to assess the specific decision and to record the two-stage test properly. For the Court of Protection, the COP3 form lists registered nurses among the practitioners who may complete it – we check the live form on every instruction.

What is the two-stage test?

Stage one: is there an impairment of, or disturbance in, the functioning of the mind or brain? Stage two: because of that, is the person unable to understand, retain, use or weigh the relevant information, or to communicate the decision? Both stages are recorded, with the evidence for each.

Will the assessment upset my relative?

It is a conversation, not a test. We take time, use their words, involve the person they trust, and stop if they are tired. Most people find it a relief that someone is asking them, rather than talking about them.

How quickly can you come?

Visit within seven days as standard, report five working days after. With the urgent surcharge, report inside 72 hours. Video assessments can usually be done within two or three days.

Do you cover the whole country?

Video assessments, yes. In-person visits across Sussex, Kent and the South West, with travel beyond 30 miles of Eastbourne charged at cost.

What if the person refuses to take part?

A person with capacity can refuse an assessment, and we say so in writing. Where a refusal itself raises concern we explain the options, including a best-interests route through the Court of Protection with a solicitor.

Our standards. NMC-registered nurse · professional indemnity insured · no commission from any provider · not legal or FCA-regulated financial adviceWhat we are, and what we are not →
WHAT THE WORK LOOKS LIKE

What a capacity instruction looks like

Illustrative composites – the shape of the work and the typical outcome, with no real names, places or figures. Individual outcomes depend on the records and the decision-makers and are never guaranteed.

A house sale stalled for months

The GP declines; the solicitor cannot complete. Single-decision assessment by video inside a week, a two-stage record to the Code, a report the solicitor can rely on. £450.

Deputyship application

The person cannot make an LPA. COP3 completed on the live form at a home visit, covering note to the solicitor, filed with the application. £550 + travel.

A care home placement in dispute

The council says she lacks capacity to decide where she lives; the family disagrees. An independent assessment of that decision, recorded properly, either way – and a best-interests process that starts from evidence. £450.

An LPA the OPG would have rejected

The chosen certificate provider is the attorney’s daughter. We act as certificate provider instead and the LPA registers first time. £150, or included in LPA preparation.

Reviews and results →

A decision is waiting on an assessment. Let’s get it done.

Free 20-minute call; visit within seven days.

No pressure. No care-provider commissions. A written next-step note after every free call.