Medical evidence of mental capacity


In some cases a formal medical report may be necessary to show that someone has capacity to do something, such as make a lasting power of attorney, make a will or enter into a transaction. If so, our team can assist you in instructing an appropriate professional to provide a report that complies with the specific legal requirements.

To make a lasting power of attorney you must have a “certificate provider” who confirms that you understand the legal nature of the power and that you are making it of your own free will. If you are concerned that someone may later allege that you did not have the necessary capacity then you may want to ask a medical professional, such as your GP, to act as a certificate provider.

In any application to the Court of Protection, including those for deputyship, a form (known as the COP3 form) will have to be completed. This is an assessment of the relevant person’s mental capacity in relation to the specific decision to be made. We can advise you about the completion of the COP3 form and help instruct a professional to complete the form if necessary.

If you would like to discuss any of this further please do not hesitate to contact us.