Lasting Power of Attorney
What is the difference between a Lasting Power of Attorney and a Court of Protection deputyship — and why does it matter?
An LPA is planned in advance — you make it while you still have mental capacity, choosing who you trust to act for you. A deputyship is a court order made after someone has already lost capacity, because no LPA was put in place in time.
Making an LPA now is almost always faster, cheaper and gives you far more control than a deputyship application later. The average deputyship costs five to ten times more than an LPA and takes months longer to obtain.
Side by Side
| Aspect | Lasting Power of Attorney | Deputyship |
|---|---|---|
| When it is set up | While the donor still has mental capacity — planned in advance | After the person has already lost mental capacity |
| Who decides who acts | The donor chooses their own attorney(s) | The Court of Protection appoints a deputy — often a family member, but not always |
| Cost | Typically £300–£600 in solicitor fees plus £82 OPG registration fee per LPA | Court fees of £371 plus ongoing annual supervision fees (£320–£485/year) and solicitor costs often £1,500–£3,000+ |
| Time to set up | 8–20 weeks from instruction to registration | Typically 6–12 months from application to order |
| Ongoing supervision | Attorney acts independently — no annual reporting requirement (though the OPG can investigate) | Deputy must submit annual accounts to the Office of the Public Guardian and pay supervision fees |
| Flexibility | Donor can set conditions, restrictions and guidance for the attorney | Court sets the scope of the deputy's powers — often more limited than an LPA |
| Health & welfare decisions | A Health & Welfare LPA covers medical and care decisions | Property & financial deputyship is common; personal welfare deputyship is rarely granted |
| Can it be avoided? | Yes — making an LPA while you have capacity avoids the need for deputyship | Only if an LPA was already in place before capacity was lost |
When Deputyship Is Needed
Deputyship becomes necessary when someone has already lost mental capacity and no LPA was made in time. Common situations include:
Capacity can be lost instantly. If no LPA was in place, the family has no legal authority to manage finances or make care decisions.
If dementia has progressed to the point where the person can no longer understand an LPA, deputyship is the only route.
Where family members cannot agree on who should act, the Court of Protection can appoint a deputy — or a professional deputy.
Where the person's finances are complex and no attorney was appointed, a professional deputy may be needed to manage the estate.
Our Court of Protection team can assist with deputyship applications where an LPA was not made in time. Visit our deputyship page for full details.
Cost Comparison
Total typical cost for both LPAs: £700–£1,400
Total typical first-year cost: £2,200–£4,000+
Common Questions
A Lasting Power of Attorney (LPA) is a legal document you make while you still have mental capacity, appointing someone you trust to make decisions on your behalf. A deputyship is a Court of Protection order made after someone has already lost capacity — the court appoints a deputy (often a family member) to act on their behalf. An LPA is cheaper, faster and gives you control over who acts for you. Deputyship is the fallback when no LPA was made in time.
Yes — significantly so. A deputyship application typically costs £1,500–£3,000 or more in solicitor fees, plus court fees of £371 and ongoing annual supervision fees of £320–£485 per year. An LPA costs a fraction of this — typically £300–£600 in solicitor fees plus an £82 OPG registration fee. Making an LPA while you have capacity is almost always the more cost-effective option.
If the person still has mental capacity, they should make an LPA — not apply for deputyship. Deputyship is only available when someone has already lost capacity and no LPA was made in time. If capacity is borderline, a solicitor can assess whether an LPA can still be made.
If someone loses mental capacity without an LPA in place, their family has no automatic legal authority to manage their finances or make care decisions. The only option is to apply to the Court of Protection for a deputyship order — a process that typically takes 6–12 months and costs considerably more than an LPA would have.
Not always. The scope of a deputy's powers is set by the court and is often more limited than an LPA. Personal welfare deputyship (covering health and care decisions) is rarely granted — the court prefers to make specific one-off decisions rather than granting ongoing welfare powers. An LPA gives the attorney broader, more flexible authority.
No. An LPA can only be made by someone who currently has mental capacity. If a person has already lost capacity, the only route is a deputyship application to the Court of Protection. This is one of the most important reasons to make an LPA as early as possible — capacity can be lost suddenly through accident, stroke or illness.
Usually a close family member — a spouse, adult child or sibling. The Court of Protection will consider who is best placed to act in the person's best interests. In some cases, a professional deputy (such as a solicitor) is appointed, particularly where there are complex finances or family disputes.
An LPA can only be made while you have mental capacity. Once capacity is lost, the only option is a costly and time-consuming deputyship application. Our Chester-based LPA solicitors can help you put the right documents in place today.
Free Initial Advice
Explore Further
Related: Wills, Trusts & Estates
An LPA is an essential part of estate planning — and works best alongside a professionally drafted will. Our wills, trusts and estates team can help you plan ahead so your affairs are in order for every eventuality.
Related: Probate
When a donor dies, the LPA ceases and the executor named in the will takes over. Understanding how LPA and probate interact helps families plan ahead and avoid costly Court of Protection applications.