Challenges Facing Court of Protection Deputies in 2025

Court of Protection deputies play a crucial role in safeguarding the interests of individuals who lack mental capacity to manage their affairs. However, as we move through 2025, deputies—whether professional, local authority, or lay (family) deputies—are expected to face an increasing number of challenges. From systemic court delays to financial pressure, deputies must navigate a complex landscape to ensure they continue acting in the best interests of the people they support.

Below are some of the key challenges expected to shape deputyship in 2025.

1. Court Delays and Backlogs

The Court of Protection has been experiencing significant delays in processing applications, and this is likely to persist or even worsen in 2025. Factors contributing to this include:

Increased applications – More local authorities are now required to apply for deputyship after being told they cannot manage private pensions under appointeeship.

Staffing shortages – The court system continues to struggle with resourcing issues, affecting case processing times.

Complex applications taking priority – Cases involving disputed capacity, safeguarding concerns, or complex financial arrangements may take precedence, delaying routine applications.

For deputies, this means longer waits for crucial orders, such as property sales, access to funds, and approval for financial planning decisions. Managing expectations and planning ahead will be more important than ever.

2. Increased Scrutiny from the Office of the Public Guardian (OPG)

In recent years, the OPG has tightened its oversight of deputies, in particular, we have seen an increased scrutiny of OPG102 annual reports, requiring more detailed justifications for expenses and investment decisions.

Family members acting as deputies may struggle to meet administrative and reporting requirements without professional guidance.

3. Cost of Living and Financial Pressures

Economic uncertainty and rising costs will continue to impact deputies, particularly those managing finances for individuals on limited incomes. Challenges include:

Increasing care costs – Residential and domiciliary care fees are rising, making it harder to ensure long-term financial sustainability.

Managing property in a buyer’s housing market – Deputies selling property to fund care may struggle with market fluctuations.

Balancing financial planning with the individual’s best interests will be more challenging than ever, requiring deputies to seek specialist financial and legal advice.

Final Thoughts

Being a Court of Protection deputy in 2025 will come with increasing challenges, from longer court delays to greater financial pressures and more scrutiny over decision-making. Deputies will need to be more proactive than ever, keeping detailed records, planning ahead, and seeking expert advice where necessary.