LPA vs Deputyship: What's the Difference?

When someone loses the ability to make decisions for themselves, there are two main ways their affairs can be managed: through a Lasting Power of Attorney (LPA) or through a Court of Protection Deputyship. The difference between them is fundamental – and understanding it can save your family thousands of pounds and months of stress.

Put simply: an LPA is something you choose to set up in advance. Deputyship is what your family has to do if you didn't.

The Key Difference

The crucial distinction is timing:

LPA: You choose who will manage your affairs before you lose capacity. You're in control.

Deputyship: The court decides who will manage your affairs after you've lost capacity. You have no say.

Once you've lost mental capacity, you can no longer make an LPA. The window has closed. Your family must then go through the Court of Protection, which is slower, more expensive, and means you have no control over who is appointed.

What is an LPA?

A Lasting Power of Attorney is a legal document you create while you have mental capacity. You choose one or more people (attorneys) to make decisions on your behalf if you become unable to make them yourself.

Key features of LPAs:

• You choose who acts for you
• You can set instructions and preferences
• You can specify how attorneys should work together
• Costs £82 per LPA to register
• Takes 8-10 weeks to register
• Once registered, can be used immediately when needed
• No ongoing fees or supervision

What is a Deputyship?

Deputyship is appointed by the Court of Protection when someone lacks capacity and doesn't have an LPA in place. The court decides who should be appointed as deputy to make decisions for the person.

Key features of Deputyship:

• The court chooses who acts (though family can apply)
• The court sets the deputy's powers
• Application fee is £365
• Takes 4-6 months or longer to process
• Annual supervision fee of £320
• Deputy must file annual reports to the court
• Some decisions may require court approval
• Often requires a security bond (additional cost)

Cost Comparison

LPA Costs:

• Registration fee: £82 per LPA (£164 for both types)
• Professional help (optional): £150-400 per LPA
• Ongoing fees: None
• Typical total: £164-600

Deputyship Costs:

• Court application fee: £365
• Solicitor fees: £1,000-3,000+
• Court of Protection fee: £500
• Security bond: £100-500+ per year (depending on estate size)
• Annual supervision fee: £320 per year
• First year typical total: £2,000-4,000+
• Ongoing annual costs: £400-800+

Over a 10-year period of incapacity, deputyship could cost £6,000-12,000 compared to the £164-600 one-time cost of LPAs.

Time Comparison

LPA timeline:

• Preparation and signing: 1-2 weeks
• Registration: 8-10 weeks
• Ready to use when needed: Immediately
• Total: 2-3 months (done in advance)

Deputyship timeline:

• Gathering evidence and preparing application: 2-4 weeks
• Court processing: 4-6 months
• Possible court hearing if disputed
• Total: 4-6+ months (during crisis)

During the deputyship application process, the person's finances are effectively frozen. Bills may go unpaid, important decisions can't be made, and the family faces months of uncertainty – all while dealing with the emotional stress of a loved one's incapacity.

Who Has Control?

With an LPA:

• You choose your attorneys
• You decide if they act jointly, severally, or both
• You can include instructions they must follow
• You can include preferences to guide their decisions
• You decide whether the LPA can be used while you still have capacity (for property and financial affairs)

With Deputyship:

• The court chooses the deputy (though family applications are usually accepted)
• The court defines the deputy's powers
• The deputy must act within strict guidelines
• Major decisions may need court approval
• The deputy is supervised and must report annually

When is Deputyship Needed?

Deputyship becomes necessary when:

1. Someone loses capacity without an LPA

This is the most common scenario. Someone has a stroke, develops dementia, or has an accident, and they never got around to making an LPA. Their family has no choice but to apply for deputyship.

2. An LPA exists but isn't registered

An unregistered LPA is useless. If someone loses capacity before registering their LPA, it's too late – deputyship is required.

3. The attorneys are unable or unwilling to act

If all attorneys have died, lost capacity themselves, or refuse to act, and there are no replacement attorneys, deputyship may be needed.

4. There are concerns about the attorneys

If there are serious concerns about how attorneys are acting, the Court of Protection can revoke the LPA and appoint a deputy instead.

How to Avoid Needing Deputyship

The only way to reliably avoid deputyship is to make LPAs while you're healthy:

1. Make your LPAs now

Don't wait. You never know when capacity might be lost. A car accident, stroke, or sudden illness can happen at any age. The time to make an LPA is while you're well, not when you're worried about your health.

2. Register them promptly

An unregistered LPA cannot be used. Register your LPAs as soon as they're signed – don't wait until you need them.

3. Appoint replacement attorneys

If your original attorneys can't act, replacements can step in. Without replacements, you might need deputyship even with an LPA.

4. Review your LPAs periodically

Make sure your attorneys are still able and willing to act. If circumstances change, update your LPAs while you still can.

5. Tell your attorneys where the LPAs are

Your LPAs are useless if nobody can find them when needed. Keep them somewhere accessible and make sure your attorneys know where.

The choice between LPA and deputyship isn't really a choice at all. LPAs are cheaper, faster, give you control, and can be arranged calmly in advance. Deputyship is an expensive, slow process imposed on families during a crisis because someone didn't plan ahead.

Don't leave your family to deal with the Court of Protection. Make your LPAs today.