Recent changes to the Court of Protection system
Posted on: 02/01/2024
Category: For you
If a loved one lacks the mental capacity to manage their own financial affairs, if there is no Power of Attorney in place you are faced with having to apply to the Court of Protection for the appointment of a Deputy.
Long before the start of the COVID-19 pandemic, the Court has struggled with a huge backlog and the pandemic only increased this and has resulted in Orders appointing a Deputy taking over 12 months or more to get issued. This in turn makes things difficult for those that are trying to help their loved one in managing their finances. If they are in a care home it can be difficult to make payment of the care fees, and large debts can quickly accrue without the access to their loved one’s bank accounts and this in turn adds unwanted pressure.
In January 2023 the Court of Protection introduced a new online system where legal professionals can apply for the appointment of a Deputy. The new system changes the process and removes some of the time consuming steps that previously had to be taken once the application had been issued, so that these steps are taking before being submitted to the Court.
The changes that they have made are certainly an improvement with the intention that Orders are made within 4 to 6 weeks of the application being submitted as opposed to the old system. If the Court continues in this way the struggles in trying to get a Deputy Order could be a thing of the past, but time will tell if the Court can cope with the increased number of Orders being sought, even with the new system in place.


Amanda Piper
If you have any questions or queries, please contact Amanda Piper on +44 1905 723561 or by email at amanda.piper@smesolicitors.co.uk.