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answer text |
<p>Court of Protection forms are a matter for the judiciary. The Court of Protection
Rules Committee in 2022 convened an expert Working Group to review the COP3 assessment
of capacity form, supported by my officials. That group recommended substantial revisions
to both the format and content.</p><p>Revisions were made to reflect the outcome of
a Supreme Court case (Local Authority v JB), and more broadly to improve the form’s
evidential value. While longer than its predecessor, the revised form aims to provide
for a more rigorous assessment of a person’s capacity and greater scrutiny of each
specific decision to be made on their behalf. The Rules Committee approved those revisions,
and the revised form was published in July 2023.</p>
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