COP14PaDep Form
We can help completing a COP14PaDep form

A COP14PaDep is a specialist Court of Protection form that is to be complete for all new applications for a Property and Financial Affairs Deputyship. COP14PaDep is recording on how you the applicant, have supported and explained to the person that the Deputyship application is about, what a Deputyship means, who is proposed to be their Deputy, and any views that they might have regarding the proposed Deputyship or proposed Deputy. We here to help with the completing on the COP14PaDep with the person at the same time we complete the COP3 Mental Capacity Assessment. Please let us know if you require this service. 

 

Testamentary Capacity Assessment 
Legal Standard (based on Banks v Goodfellow [1870], still widely used in many jurisdictions)
 

A person has testamentary capacity if they can:

• Understand the nature of making a will and its effects.

• Know the extent of their property (in broad terms, not exact details).

• Recognize the people who might reasonably have a claim to their estate (e.g., family, dependents).

• Not be affected by a mental disorder or delusion that influences the disposal of their property.

• Our assessors will provide the evidence needed to support the creation of your Living Will with a record findings in detail, especially evidence that the person meets each of the four criteria. 

🔹 Why It Matters

• Ensures the will is valid and enforceable.

• Protects vulnerable people from exploitation.

• Helps reduce family disputes after death.

Mental Capacity Assessment to make a Gift  

Legal Principles

The required standard is generally lower than testamentary capacity because making a gift is often simpler than disposing of an entire estate.
In many common-law jurisdictions, the test is based on cases like Re Beaney (Deceased) [1978]:

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• Nature of the gift – Does the person understand that they are making a gift and that it will no longer belong to them?

• Extent/value of the property – The greater the gift relative to the person’s total estate, the higher the level of understanding required.

• Small token gifts → minimal understanding required.

• Substantial gifts (e.g., house, major assets) → capacity standard is closer to testamentary capacity.

 

• Consequences of the gift – Does the person appreciate how the gift affects their future financial position and obligations?

• Freedom from undue influence – The decision should be voluntary, without coercion.

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🔹 Practical Assessment Elements

When assessing capacity to make a gift, our assessor check whether the person can:

• Explain what the gift is and to whom it is being given.

• Demonstrate understanding that once given, they lose control/ownership.

• Appreciate the impact on their resources (e.g., will they still have enough to live on?).

• Show reasoning that is consistent and not driven by delusion, confusion, or pressure.

 

Mental Capacity Assessment for Equity release
Equity release allows a homeowner (usually 55+) to unlock cash from their home while continuing to live in it. Because these products are complex, long-term, and can significantly affect inheritance and finances, a person must have sufficient decision-making capacity before proceeding.

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Legal/Clinical Standard

Capacity for equity release is decision-specific under principles like the UK Mental Capacity Act (2005):
To have capacity, the person must be able to:
 

Understand

What equity release is (borrowing against or selling part of their home).
The financial implications (interest roll-up, reduced inheritance, repayment terms).
Alternatives (downsizing, other financial support).

Retain

Hold this information long enough to make a decision.

Weigh

Balance the benefits (immediate cash) against risks (loss of equity, long-term costs).

Communicate

Clearly express their decision by speech, writing, or other means.

Because equity release can affect lifetime security and family inheritance, the threshold of understanding required is considered relatively high — often comparable to testamentary capacity.

Mental Capacity Assessment to litigate
What it means
Mental Capacity to litigate = whether someone has the mental ability to conduct legal proceedings, either personally or through instructing a solicitor.
It’s a legal/functional test — often applied when someone is a party in civil, family, or tribunal proceedings.
 

Legal Standard
In England & Wales, the leading case is Masterman-Lister v Brutton & Co [2002] EWCA Civ 1889.
A person has mental capacity to litigate if they can:

• Understand the issues involved in the case (in broad terms

• Understand the advice received from lawyers and the consequences of acting on it or rejecting it.

• Make decisions based on weighing that advice.

• Give proper instructions to legal representatives.

 

This mirrors the Mental Capacity Act 2005 principles, but tailored to litigation.

This doesn’t mean they need to grasp technical legal detail — only that they can understand the gist and engage meaningfully with their lawyers.
If a person lacks capacity, they may need a Litigation Friend (Civil Procedure Rules Part 21).
This mirrors the Mental Capacity Act 2005 principles, but tailored to litigation.

Mental Capacity Assessment specifically for DoLS (Deprivation of Liberty Safeguards) under the Mental Capacity Act 2005 (MCA) in England and Wales:

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Purpose of the Assessment

A DoLS mental capacity assessment is used to determine whether an individual:

• Has the capacity to consent to their care and treatment arrangements.

• Lacks capacity, and therefore whether deprivation of liberty may be necessary and lawful.

This assessment is decision-specific and time-specific, focusing only on the particular care or treatment arrangement.

 

Legal Framework

• Mental Capacity Act 2005 (MCA) – sets out the legal principles and test for capacity.

• Deprivation of Liberty Safeguards (DoLS) – provide legal authorization for depriving a person of liberty in hospitals or care homes.

 

🔹Legal Framework

Mental Capacity Act 2005 (MCA) – sets out the legal principles and test for capacity.
Deprivation of Liberty Safeguards (DoLS) – provide legal authorization for depriving a person of liberty in hospitals or care homes.

 

Mental Capacity Assessment specifically for CDOLS (Children Deprivation of Liberty Safeguards) under the Mental Capacity Act 2005 (MCA) in England and Wales:

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What is CDOLS?

CDOLS are the child-specific version of DoLS in England and Wales. 
They provide legal safeguards for children and young people who
Are under 18 years old, and lack the capacity to consent to their care or treatment arrangements, and are in a situation that amounts to a deprivation of liberty (e.g., hospitals, residential schools, care homes).

 

Purpose

• Ensure that any deprivation of liberty is lawful, necessary, proportionate, and in the child’s best interests.

• Protect children’s rights under the Children Act 1989, the MCA 2005, and the Human Rights Act.

Key Differences from Adult DoLS

• Age and development: Must consider maturity, cognitive development, and understanding.

• Parental involvement: Parents or guardians often play a key role, but the child’s voice must be heard.

• Safeguarding focus: Greater emphasis on child protection and welfare.

 

Step-by-Step Assessment

• Identify the Decision Example: consent to care, treatment, or placement that restricts liberty

• Assess Understanding-Can the child understand the care arrangement, its purpose, and consequences?

• Assess Retention-Can they retain the information long enough to make a decision?

• Assess Weighing of Information-Can they consider benefits and risks to make a reasoned choice?

• Assess Communication- Can they communicate their decision in any form (verbal, writing, gestures, assistive technology)?

• Best Interests & Safeguards-If the child lacks capacity, ensure the arrangement is necessary, proportionate, and least restrictive. 

• Involve parents, carers, and, where appropriate, an Independent Advocate.

 

Care Needs Assessments
Care needs assessments identifies individuals care needs and support required and if individuals are assessed by the local authority and a financial assessment is required and everyone is entitled for a needs assessment even if you pay for your own care. For individual who are assessed as self-funder  there is often no choice but to participate in the care process even though self-funding care offers more choices and flexibility but comes with significant logistical and emotional challenges. Therefore our goal is to help individual navigate these challenges and avoid common pitfalls ensure they received the care and support they needs in a timely and informed manner. Additionally using independent social worker cut down issues such as waiting list and lack of priority that causes delay in accessing suitability care options. We are a chargeable service but you are guaranteed high-quality personalized support from independent social worker. 
 

We offer services like social care needs assessments, care planning, mental capacity assessment and court report. 

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• Care needs assessments: Evaluating an individual's needs for social care and support.

• Support planning: creating a detailed plan on how needs will be met which can include finding appropriate care services. 

• Care needs reviews: Conducting reviews in both care homes and individuals’ own homes to review if the care plan continues to meet the individuals needs.

• Mental capacity assessments: Providing guidance and support throughout the process completing MCA if required

• Expert Court Reports: Providing reports for legal proceedings such as those involving the Court of Protection. 

 

Our aim is to simplify the care process and provide guidance every step of the way, helping individuals make informed choices and avoid common pitfalls. 

Our assessment follow a Act 2014 principles, be person centered, outcome focused and rights focused to ensure assessments are legally robust but also as Independent Social Workers we cannot replace the local authority’s legal duty, but we can undertake an independent assessment on behalf of a client or family. We operate outside the local authority. 

We can assist in providing specialist assessments such as care needs   Mental capacity support planning, care needs review or safeguarding evaluation. We recommend support options such as home care, day care equipment respite etc
 

Appointment Availability
We offer appointments 7 days a week, and our comprehensive completed assessments will be back with you less than 7 days later. If you need to arrange an urgent appointment give us a call and one of our team will be happy to discuss your needs further. A free 15 minutes consultation is provided to discuss how we can support.  

Qualifications 
We are registered Social Workers with Social Work England, and also British Association of Social Work members. We are Best Interest Assessor (BIA) qualified. Our professionalism can be guaranteed. We are also proud Dementia Friends. We provide a trusted and friendly service that is underpinned by empowerment, person centered and empathy.