Court of Protection issues/use of private assessors

[rhetorician]

I posted this on my original thread about this, but posting here for traffic.

The court has come back to say that the COP3 capacity form doesn't address how mum's impairment impacts her ability to make financial and property decisions and that I need another form. My experience previously was that no NHS person would fill this in except privately and even that was tricky. There are companies that do it, but it's £750! The fee was £341 for the application, and many of these companies won't act without a solicitor's instruction. Does anyone have experience of these types of company?

I sent in the application with an MCA report, the DOLS reports and the memory clinic assessment and diagnosis. I don't really understand why this isn't sufficient? It's all so much hassle with care home breathing down my neck and trying to arrange things from outside the UK that I honestly feel like walking away and letting the LA sort it all out...

I am a solicitor and instruct independent social workers and doctors on a private basis to complete COP3 forms regularly. GPs sometimes do this as paid for private work. The professionals we use do accept instructions directly from relatives. Depending on who completed the rejected COP3 is it worth persisting with the GP? If your mum owes care fees to social services a LA social worker may complete the COP3 as it's in the LA's interests for you to become deputy and organise finances. Without providing identifiable info can you say what the rejected COP3 stated as I may be able to tell you where the deficits are.

@JennyMule the rejected COP3 form was completed by the social worker - but ultimately my mother is a self funder. Thank you very much for responding so generously.

The Order states "the COP3 filed in support of the application only addresses....capacity to make decisions about... care and accommodation options...and does not address matters concerning... property and affairs matters", I am to file "a MCA on COP3 completed by an appropriate medical clinician fully detailing the impairment etc...and how this impacts...ability to manage...property and affairs" - so it is specifically asking for a medical report here.

I had assumed that these issues were covered by the full MCA and the memory clinic diagnostic report submitted in support of the application. Obviously I have to take the court's direction, but not keen to put my mum through yet another assessment.

I also wonder what people do if they don't have £750 floating about?

Hi, I assume you aware that the costs of the application can be recouped from P (subject of the application) but entirely understand the point that fronting the cost is beyond many people (and an unreasonable further burden at a difficult time.)
I wouldn't expect to pay £750 for a M assessment where I work (outer home counties) so might be worth shopping around if you have the energy.
Frustrating though it is to have the cop3 rejected, the matter of capacity is issue and time specific so, while it is probably self evident to you that the illness that deprives your mum of capacity to make decisions about care/accommodation also means that she lacks the capacity to make financial decisions, the court does need specific evidence related to that area of decision making.
I would imagine you've googled " independent social workers in my area" but if not, worth a go.
If you need an outline letter of instruction let me know and I'll send you a proforma I use
One positive in what I realise is a really grim experience for you - as you have a DoLS authorisation in place the court will grant permission to sell the house if you need to - a lack of DOLS authorisation due to local authority backlog has been a real stumbling block in many of my cases.

@JennyMule yes it's a pain, but I also recognise the gravity of the decisions being made and am in another part of my brain grateful for the court's care and attention to detail on this. The DOLS assessment was submitted with the application although will be reviewed in July.

It's just very hard to get all the pieces to articulate together! The care home would be waiting for its money if the LA was making the application too, and I will wait for them to come to me...

I don't think I can use a social worker for this now, as the order specifies a medical clinician.

Thank you for your advice, it's been most helpful

@rhetorician you are most welcome. Good luck!