Operational teams continue to observe several recurring challenges in professional deputyship practice. While often arising from understandable pressures, these issues can expose the person lacking capacity (P) to avoidable financial or procedural risk. Three themes are currently the most prevalent.

Continuing to Act Until Further Order (Standard 1i)

A number of professional deputies appear to cease acting prematurely—typically when an application for discharge has been lodged or when the deputy plans to retire. However, court orders make clear that deputies must continue to act until a further order is made. Early withdrawal, even unintentionally, can create gaps in decision-making and jeopardise the continuity of P’s affairs. Deputies are encouraged to remain fully engaged until the court formally confirms the change.

Delays in Benefits Checking (Standard 4a)

Timely benefits administration remains a persistent concern. Deputies are expected to register the court order with the Department for Work and Pensions promptly upon receipt and to complete a comprehensive benefits check within three months, as required by the standards. In practice, significant delays still occur without clear justification. These delays can result in missed entitlements, overpayments, or financial hardship for P. While securing benefits at the outset of a deputyship can indeed be complex, annual benefit reviews—another essential safeguard—are also not being consistently undertaken.

Use of the Firm’s Client Account (Standard 4b)

Despite longstanding guidance, excessive reliance on firms’ client accounts continues. In some cases, substantial sums belonging to P are held in solicitor client accounts for extended periods without a clear operational need. Prolonged retention of funds in these accounts risks reducing transparency, delaying financial planning, and weakening the safeguards intended to protect P’s assets. Funds should be transferred to P’s dedicated accounts as soon as reasonably practicable, with clear documentation supporting any short-term exceptions.

These recurring issues underline the importance of vigilance, timely action and adherence to standards. Strengthening practice in these areas promotes better outcomes for P, supports professional compliance, and reinforces confidence in the deputyship system.