Power of Attorney vs Deputyship: Which Do You Need?
Power of Attorney vs Deputyship: Which Do You Need?
If someone you love loses the ability to make decisions for themselves, two legal routes exist in England and Wales: a Lasting Power of Attorney (LPA) or a Court of Protection Deputyship. The difference between these two paths is enormous — in cost, in time, in stress, and in who gets to choose.
This guide explains everything you need to know so you can make the right decision before it is too late.
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What Is a Lasting Power of Attorney (LPA)?
A Lasting Power of Attorney is a legal document you create while you still have mental capacity. It lets you choose one or more trusted people — called attorneys — to make decisions on your behalf if you ever become unable to make them yourself.
There are two types:
- Property and Financial Affairs LPA — covers bank accounts, bills, property, investments, and pensions
- Health and Welfare LPA — covers medical treatment, care arrangements, and where you live
What Does an LPA Cost?
With myLPA, creating your Lasting Power of Attorney starts from just £74 per LPA — the cheapest LPA service in the UK. On top of that, the Office of the Public Guardian (OPG) charges an £82 registration fee per LPA.
So the total cost for one LPA: as little as £156. For both types: as little as £304.
That is it. No hidden fees, no hourly solicitor charges, no court applications.
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What Is a Deputyship?
A Deputyship is a court order made by the Court of Protection. It is the legal route your family must take if someone has already lost mental capacity without an LPA in place.
When no LPA exists and someone cannot manage their own affairs, a family member or professional must apply to the court for permission to act on their behalf. The court appoints a "deputy" — but the process is nothing like setting up an LPA.
What Does a Deputyship Cost?
Here is where the numbers get painful:
- Court application fee: £371
- Solicitor fees: £1,000 – £5,000+ (most families use a solicitor because the forms are complex)
- Assessment and bond costs: £100 – £500
- Annual supervision fee: £320 per year (ongoing, every year)
- Professional deputy fees (if a solicitor acts as deputy): £1,000 – £5,000+ per year
- Total first-year cost: typically £2,000 – £15,000+
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LPA vs Deputyship: The Full Comparison
| Factor | Lasting Power of Attorney | Court of Protection Deputyship |
| When you set it up | While you have mental capacity | After capacity is lost |
| Who chooses the decision-maker | You do | A judge decides |
| Cost to set up | From £74 + £82 OPG fee | £1,000 – £15,000+ |
| Time to set up | Days to create, 8-12 weeks to register | 4 – 12 months (often longer) |
| Ongoing costs | None | £320+/year supervision fee |
| Court involvement | None | Full court process required |
| Flexibility | You choose your attorneys and set preferences | Court imposes conditions and restrictions |
| Covers health decisions | Yes (Health & Welfare LPA) | Possible but harder to obtain |
| Can be done online | Yes — with myLPA from £74 | No — complex court paperwork |
| Annual reporting | Not required | Mandatory annual reports to OPG |
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Why Deputyship Is So Much More Expensive
The cost difference is not accidental. Deputyship is expensive because:
1. Legal Complexity
The Court of Protection application involves detailed legal forms, supporting evidence from medical professionals, a formal assessment of the person's capacity, and often a court hearing. Most families cannot navigate this without a solicitor.2. Court Resources
A judge must review every application. Court staff must process paperwork. The system is slow and overloaded, which is why applications routinely take 4-12 months.3. Ongoing Oversight
Because the person never chose their deputy, the OPG must supervise them permanently. Deputies file annual reports detailing every financial transaction. The OPG charges for this supervision — and can audit the deputy at any time.4. Professional Deputies
If no suitable family member is available — or if family members disagree — the court may appoint a professional deputy (usually a solicitor). Professional deputies charge fees from the person's own estate, often £2,000-£5,000 per year.Compare this to an LPA, where you choose your attorney, there are no ongoing fees, and no court is involved.
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What Happens When No LPA Exists: Real Scenarios
Scenario 1: Dementia Diagnosis
Margaret, 78, is diagnosed with dementia. She never created an LPA. Her daughter Sarah cannot access Margaret's bank accounts to pay care home fees. Sarah must apply for deputyship — costing £3,500 in solicitor fees and taking 7 months. During those 7 months, bills go unpaid and the family scrambles to cover costs from their own pockets.Scenario 2: Sudden Stroke
David, 55, suffers a severe stroke and loses capacity overnight. His wife cannot sell their jointly owned investment property to fund his care. She applies for deputyship but faces a 10-month wait. The property market shifts, costing them thousands.Scenario 3: Young Adult Accident
Tom, 23, is in a serious car accident. His parents have no legal authority to manage his finances or make medical decisions. They must apply for deputyship — a process they never imagined they would need for their son.In every case, a £74 LPA would have prevented thousands of pounds in costs and months of delay.
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Create Your LPA Now — Just £74
Every day without an LPA is a day your family is unprotected. With myLPA, you can start right now.
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Can You Convert a Deputyship to an LPA?
No. If someone has already lost mental capacity, they cannot create an LPA. The deputyship remains in place permanently (or until it is no longer needed).
This is the critical point: you can only create an LPA while you have mental capacity. Once capacity is gone, the only option is the expensive deputyship route.
When Might You Genuinely Need a Deputyship?
Deputyship exists for good reason. It is necessary when:
- Someone has lost capacity without an LPA in place
- A child is approaching 18 and lacks capacity to create their own LPA
- An existing LPA is invalid, revoked, or the attorneys can no longer act
- There are safeguarding concerns about an existing attorney
The Emotional Cost
Beyond the money, deputyship takes an emotional toll:
- Stress of navigating complex court procedures during an already difficult time
- Delays that leave vulnerable people without proper support for months
- Loss of control — a judge, not your loved one, decides who manages affairs
- Family conflict — disagreements about who should be deputy can fracture relationships
- Ongoing burden of annual reporting and OPG oversight
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How to Set Up Your LPA Today
With myLPA, the process is straightforward:
The total cost: just £74 per LPA with myLPA, plus the £82 OPG registration fee. That is the cheapest LPA service in the UK.
Compare that to the £2,000-£15,000+ deputyship route, and the choice is obvious.
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Frequently Asked Questions
What is the main difference between an LPA and a deputyship?
An LPA is set up by you while you have mental capacity, letting you choose who makes decisions for you. A deputyship is imposed by the Court of Protection after you have lost capacity, with a judge deciding who acts on your behalf. An LPA costs from £74 + £82 registration; a deputyship costs £1,000-£15,000+.Can I set up a deputyship in advance?
No. Deputyship can only be applied for after someone has lost mental capacity. If you want to plan ahead, you need a Lasting Power of Attorney — which you can create with myLPA from just £74.How long does a deputyship application take?
Typically 4-12 months, though complex cases can take longer. By contrast, creating an LPA takes days, with registration taking 8-12 weeks.Is a deputyship more powerful than an LPA?
Not necessarily. Both give decision-making authority. However, a deputyship comes with court-imposed restrictions and ongoing supervision. An LPA gives you more flexibility to define how your attorneys should act.What happens if I do nothing — no LPA and no deputyship?
If you lose mental capacity with nothing in place, nobody can legally manage your finances, sell your property, or make healthcare decisions for you. Your family would need to apply for deputyship through the Court of Protection — a costly and time-consuming process.Can my family avoid deputyship costs by creating my LPA after I lose capacity?
No. An LPA can only be created while you have mental capacity. Once capacity is lost, deputyship through the Court of Protection is the only option. This is why creating an LPA now is so important.---
Do Not Wait — Create Your LPA Now
The difference between an LPA and a deputyship comes down to one thing: timing. Act now while you can, and it costs £74. Wait until it is too late, and your family faces thousands of pounds in costs and months of delay.
Ready to Create Your LPA?
Don't wait until it's too late. Get both types of Lasting Power of Attorney from just £140 with expert guidance included.
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