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Deputyship

Court-appointed authority to make decisions for someone who has lost mental capacity and doesn't have an LPA. More expensive and restrictive than LPA.

Deputyship is a court-ordered arrangement where someone (a deputy) is given authority to make decisions for a person who lacks mental capacity and hasn't made an LPA.

When Deputyship is Needed

  • Someone loses capacity without an LPA in place
  • An LPA exists but is insufficient or invalid
  • Decisions are needed that attorneys can't make

Types of Deputy

  • Property and Financial Affairs Deputy: Manages money, property, and financial decisions
  • Personal Welfare Deputy: Makes healthcare and living arrangements decisions (less common)

Deputyship vs LPA

AspectLPADeputyship
CreatedBy the person themselvesBy the Court of Protection
Cost£82 registration£371+ application plus ongoing fees
Time8-10 weeks registration3-6 months typically
SupervisionLight touchAnnual reports to OPG
FlexibilityYou choose who and howCourt decides with restrictions

Common questions

How much does deputyship cost?
Application fee is £371. Annual supervision fees are £320. Plus potential solicitor costs of £1,000-3,000+.
How long does a deputyship application take?
Typically 3-6 months, sometimes longer if contested or complex. Much slower than LPA registration.
Can I avoid deputyship?
Only by making an LPA while you still have mental capacity. Once capacity is lost, deputyship is the only option.
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