Alex RKA substantially updated COP3 form is now live on the .gov.uk website. It has been overhauled (amongst other things) so as to reflect the correct ordering of the capacity test, to focus in on the need for clarity as to the relevant information, and to make clear (to paraphrase) that the primary requirement for assessing capacity is competence rather than letters before or after one’s name. I have done a walkthrough of it it here:
Note: in response to questions asked of me, I have made inquiries in relation to when the old form will no longer be accepted, and the answer is that the new form should always be used now; if it isn’t used, the application may be delayed if the court considers that the matter can’t progress without the improved information which the new form offers and so makes an order for the evidence to be filed in the new format. There will come a point when the court gives notice that the old form will no longer be accepted. There’s no time set yet for the old form not to be accepted.
