About the application
These questions are repeated on the COP1 application
form. Please copy your answers from the COP1 form
so that the information on both forms is the same.
Please provide any further information about the
circumstances of the person to whom the application
relates that would be relevant in assessing their
capacity. For example, if your application relates to
property and ﬁnancial affairs, it would be useful for the
practitioner to know the general ﬁnancial circumstances
of the person concerned. This information will help the
practitioner evaluate the decision-making responsibility
of the person to whom the application relates and may
help to inform the practitioner’s view on whether that
person can make the decision(s) in question.
What you need to do next
Please provide this form to the practitioner who will
complete Part B.
The practitioner will return the form to you or your
solicitor when they have completed Part B. You will
then need to ﬁle the form with the court together with
the COP1 application form and any other information
the court requires. See notes on the COP1 form for
For the purpose of the Mental Capacity Act 2005 a
person lacks capacity if, at the time a decision needs to
be made, he or she is unable to make or communicate
the decision because of an impairment of, or a
disturbance in the functioning of, the mind or brain.
The Act contains a two-stage test of capacity:
1. Is there an impairment of, or disturbance in the
functioning of, the person’s mind or brain?
2. If so, is the impairment or disturbance sufﬁcient
that the person lacks the capacity to make a
decision in relation to the matter in question?
Please refer to Part A of this form where the applicant
has set out details of the application and relevant
information about the circumstances of the person to
whom the application relates. In particular, section 3.1
sets out the matter the applicant is asking the court
The assessment of capacity must be based on the
person’s ability to make a decision in relation to the
relevant matter, and not their ability to make decisions
in general. It does not matter therefore if the lack of
capacity is temporary, if the person retains the capacity
to make other decisions, or if the person’s capacity
Under the Act, a person is regarded as being unable to
make a decision if they cannot:
• understand information about the decision to
• retain that information;
• use or weigh the information as part of the
decision-making process; or
• communicate the decision (by any means).
A lack of capacity cannot be established merely by
reference to a person’s age or appearance or to a
particular condition or an aspect of behaviour. A person
is not to be treated as being unable to make a decision
merely because they have made an unwise decision.
The test of capacity is not the same as the test for
detention and treatment under the Mental Health Act
1983. Many people covered by the Mental Health Act
have the capacity to make decisions for themselves.
On the other hand, most people who lack capacity to
make decisions will never be affected by the Mental
Practitioners are required to have regard to the Mental
Capacity Act 2005 Code of Practice. The Code of
Practice is available online at www.gov.uk/court-
of-protection Hard copies are available from The
Stationery Ofﬁce (TSO), for a fee, by:
• phoning 0870 600 5522;
• emailing firstname.lastname@example.org; or
• ordering online at www.tsoshop.co.uk -
For further advice please see (for example):
• Making Decisions: A guide for people who work
in health and social care (2nd edition), Mental
Capacity Implementation Programme, 2007.
• Assessment of Mental Capacity: Guidance
for Doctors and Lawyers (2nd edition), British
Medical Association and Law Society (London:
BMJ Books, 2004)