Who can complete a COP14PADep and why is this required? 

Court of Protection property and financial affairs; notification and acknowledgement:

A COP14PADep is a notification to the person who lacks capacity or is alleged to lack capacity, whom the application relates, to notify them that someone is going to apply to become their deputy for property and affairs with the Court of Protection. 

The person carrying out the COP14PADep notification can be

• The applicant 
• A Legal representative
• An agent of the applicant 

The notification to the person who might lack capacity must be completed in person and the following points should be covered during the notification, ensuring this is delivered in a manner appropriate to their circumstances:

• Who the applicant is.
• That the application raises the question of whether P (the Protected Party who is subject to the application) lacks capacity and what that means.
• What will happen if the court makes the order that is being applied for.
• Details of the person it is proposed should be appointed to make decisions on behalf of P, in relation to their property and affairs.

The legal representative, the applicant or an agent must explain and evidence within the form the following points (4.4, 4.5, 4.6 , 4.7):

• What steps were taken to explain the application to the person who might lack mental capacity?
• To what extent did the person who might lack mental capacity appear to understand the information given?
• How did the person who might lack mental capacity respond when the application was explained to them?
• The wishes/feelings of P is expressed

Section 5 Acknowledgement:

This section is for P to tell the courts their views on the application, to be completed and returned to the person who carried out the notification within 14 days of the notification taking place. This section also establishes whether P agrees or disagrees with the proposed Order. P can choose not to complete this section, which does not affect the application and submission to the court. 

At Thornton & Lee our mental capacity assessors are experienced in delivering the above notification to P, ensuring this is explained in the most accessible manner possible, suitable to their circumstances and needs. The notification is carried out by one of our experienced and qualified mental capacity assessors as part of the same visit when completing a mental capacity assessment for a COP3 for property and affairs, ensuring this can be completed and returned to the applicant / their legal representative in a timely manner ready for submission to the courts. Please contact us via our website form to discuss this with one of our friendly assessors.