LPA vs deputyship
LPA vs deputyship: what's the difference?
If you can no longer make your own decisions, someone needs legal authority to act for you. A lasting power of attorney (LPA) lets you choose that person in advance. Without one, your family must apply to court for a deputyship.
The biggest difference is simple: with an LPA, you decide. With a deputyship, the court decides.
LPA vs deputyship at a glance
| Lasting power of attorney | Deputyship | |
|---|---|---|
| Who chooses | You | The Court of Protection |
| When it is made | While you can still decide | After you can no longer decide |
| Time | Registration takes several months | Often six months to a year or more |
| Cost | A registration fee, plus any adviser fees | Court fees, yearly fees, a bond and often legal fees |
| Ongoing checks | Minimal | Yearly reports and accounts |
| Health and care | Covered by a health and welfare LPA | Rarely granted |
How a lasting power of attorney works
An LPA is a document you make while you are well, naming the people you trust to act for you.
- Property and financial affairs covers your bank accounts, bills, pensions and home. It can be used with your permission as soon as it is registered.
- Health and welfare covers your care, treatment and where you live. It can only be used once you can no longer decide.
You choose your attorneys and backups, decide how they act and can add instructions. An independent person confirms you understand it and are not being pressured, and it is registered with the Office of the Public Guardian.
How deputyship works
A deputy is someone appointed by the Court of Protection to act for a person who can no longer make their own decisions and has no LPA.
Usually a close relative applies, but the court decides who is appointed, and it may be a professional if the family disagrees. It may not be the person you would have chosen.
What a deputy must do
- Follow the court order exactly.
- Pay for an insurance bond that protects the person's money.
- Send yearly reports and pay a yearly supervision fee.
- Ask the court's permission for some decisions, such as larger gifts.
The court rarely appoints a deputy for health and care. Instead, doctors and care staff usually decide, and your family can be consulted but does not have the final say.
What if it is too late for an LPA?
If a loved one can already no longer decide, there are still options. It just takes longer and costs more.
First, check whether they made an enduring power of attorney before October 2007. These can still be used for money and property once registered.
Applying for deputyship
- Get a capacity assessment from a doctor or other professional.
- Complete the court forms, including details of their finances.
- Tell the person and close family, as the court requires.
- Pay the court fee and apply to the Court of Protection.
- Arrange the insurance bond once the order is made.
Why an LPA is usually the better choice
For most people, an LPA is the simplest way to protect yourself and your family. Deputyship is a safety net, not a plan.
- You stay in control of who decides and how.
- It costs far less, with no yearly supervision fees.
- It is ready when needed, with no court wait.
- It covers health and care, which a deputyship rarely does.
When to get advice
- You are unsure whether someone can still make an LPA.
- There may be family disagreement about who should act.
- You need help applying for a deputyship.
See how this works in practice in our guide to selling a parent's house.
How PJH Estate Planning can help
PJH Estate Planning can help you make LPAs while you are well, and support families who need to apply for a deputyship. Find out what you could face in your current situation with our free Estate Health Check: 10 quick questions that show any gaps in your plans. You can visit our offices, or we can visit you at home.
Sources
General information for England and Wales as at October 2026. Not legal advice.