6 - Miscellaneous agreed fees
Mental capacity (England & Wales)
The Mental Capacity Act came into force on 1 October 2007 establishing a new Court of Protection with extended powers.
Under the Act a new system of Lasting Powers of Attorney (which will replace the previous Enduring Powers of Attorney) has been introduced. This allows an individual (the ‘donor’) to appoint someone (the ‘attorney’) to make decisions on their behalf regarding 1) their property and financial affairs (as could be done under the old system with Enduring Powers of Attorney), and/or 2) in respect of personal welfare and healthcare decisions (which couldn’t be done under the old system).
As part of this modified structure, the Court of Protection assessment of capacity form (COP3) has replaced the CP3 medical certificate.
Despite discussions being held with the Office of the Public Guardian no fee has been agreed in respect of the new COP3 form and as a result the BMA is advising that individual doctors should establish their own fees for the completion of the COP3 form.
Further information on the Mental Capacity Act can be found on the Office of the Public Guardian’s website.
Note: No fee has been agreed in respect of the new COP3 form and as a result the BMA is advising that individual doctors should establish their own fees for the completion of the COP3 form.