LPA vs Deputyship UK 2026

UK families dealing with a relative who has lost mental capacity often face a choice between a lasting power of attorney that was set up earlier and a deputyship ordered by the court. This guide explains the difference in England and Wales: when each applies, how the Court of Protection process works, what each costs, and why timing matters. It cites the Office of the Public Guardian, the Mental Capacity Act 2005, and HM Courts and Tribunals Service. Kael Tripton is an editorial publisher and not a regulated legal services provider. This article is information only and is not legal advice. Anyone making these decisions should consult an SRA-authorised solicitor or Citizens Advice.

What each instrument is

A lasting power of attorney and a deputyship both let one person make decisions for another who lacks mental capacity, but they arise in opposite ways. An LPA is created in advance by a person, the donor, while they still have the capacity to choose their own attorneys (Mental Capacity Act 2005, sections 9 to 14, legislation.gov.uk). A deputyship is imposed afterwards: where someone has already lost capacity and has no valid LPA in place, a family member or professional applies to the Court of Protection to be appointed as their deputy (Office of the Public Guardian, gov.uk, accessed June 2026).

There are two types of deputy, mirroring the two types of LPA. A property and financial affairs deputy manages money and property, and is the more common type. A personal welfare deputy makes decisions about care and treatment, and the court grants these far less often, usually only in difficult cases. The key practical difference is that the donor chooses their attorney, whereas the court decides whether a proposed deputy is suitable.

When each applies

The instruments apply at different moments. An LPA is the right route while a person still has capacity and can plan ahead. It lets them pick who they trust, set out instructions, and have the document ready for the future. A deputyship is the route only when that planning did not happen, capacity has already been lost, and someone still needs legal authority to act on the person's behalf (Office of the Public Guardian, gov.uk, accessed June 2026).

Because of this, the two are rarely a genuine choice at the same time. A person who has lost capacity can no longer make an LPA, so a deputyship may be the only option left. A person who still has capacity can make an LPA and so avoid the need for a deputyship later. The decision is therefore mostly about timing: an LPA set up in good time removes the slower and more expensive deputyship route.

The deputyship process step by step

1. Confirm there is no valid LPA. Deputyship applies only where the person has lost capacity and has no registered LPA covering the decisions needed (Office of the Public Guardian, gov.uk, accessed June 2026).
2. Get a capacity assessment. A practitioner completes an assessment of the person's mental capacity to support the application (Mental Capacity Act 2005, legislation.gov.uk).
3. Apply to the Court of Protection. The proposed deputy submits the application forms and pays the £421 application fee (Ministry of Justice, gov.uk, accessed June 2026).
4. Notify relevant people. The applicant tells the person concerned and others, who can comment or object (Office of the Public Guardian, gov.uk, accessed June 2026).
5. Court decision. The court considers the application, may hold a hearing for £259 where needed, and decides whether to make the order (gov.uk, accessed June 2026).
6. Ongoing supervision. Once appointed, the deputy pays the OPG annual supervision fee and submits a yearly report (Office of the Public Guardian, gov.uk, accessed June 2026).

Costs compared

The cost gap between the two routes is wide. An LPA carries a one-off OPG registration fee of £92 per document, with reductions and exemptions for donors on low incomes (Office of the Public Guardian, gov.uk, accessed June 2026). A deputyship costs far more and continues to cost over time. The Court of Protection application fee is £421, a new deputy pays a £100 assessment fee, and a hearing, where required, costs £259 (Ministry of Justice, gov.uk, accessed June 2026).

A deputy then pays an annual supervision fee to the Office of the Public Guardian: £320 for general supervision, or £35 for minimal supervision where a property and affairs deputy manages an estate worth less than £21,000 (Office of the Public Guardian, gov.uk, accessed June 2026). Deputies may also need a security bond. Reduced fees and exemptions exist for deputyship costs in cases of low income, claimed on form OPG120. Across the life of a deputyship, the total cost and administrative burden are considerably greater than an LPA.

How this connects to wills and probate

An LPA or a deputyship covers decisions during a person's lifetime, and both end on death. At that point the will takes over and the executors apply for a grant of probate to administer the estate. Neither an attorney nor a deputy has any authority over the estate after death; that role passes to the personal representatives.

The comparison underlines why planning ahead matters across the whole arc. Setting up an LPA for property and financial affairs and a will together, while a person has capacity, covers both the lifetime window and the after-death window in a single decision, and avoids leaving the family to apply for a deputyship. Where no LPA exists and capacity is lost, the deputyship handles life decisions, and the will and probate still handle the estate after death.

When to use a solicitor versus doing it yourself

Making an LPA is generally straightforward enough for the government online service, which keeps the cost to the registration fee (Office of the Public Guardian, gov.uk, accessed June 2026). A deputyship application is more involved, because it goes through the Court of Protection, requires a capacity assessment, and may face objections.

Many families use a solicitor for a deputyship application, particularly where the estate is large, where family members disagree, or where a welfare deputyship is sought. A solicitor can prepare the application, advise on the security bond and annual reporting, and represent the applicant if a hearing is held. The Law Society and the Solicitors Regulation Authority maintain registers of authorised solicitors (lawsociety.org.uk and sra.org.uk, accessed June 2026). The greater complexity of deputyship means professional help is more common there than for a simple LPA.

FAQ: LPA versus deputyship

What is the main difference between an LPA and a deputyship?

An LPA is set up in advance by a person who still has mental capacity and chooses their own attorneys, while a deputyship is ordered by the Court of Protection after a person has already lost capacity and has no valid LPA (Office of the Public Guardian, gov.uk, accessed June 2026). The donor chooses an attorney, but the court decides who can be a deputy.

Is a deputyship more expensive than an LPA?

Yes, considerably. An LPA costs a one-off £92 per document to register (Office of the Public Guardian, gov.uk, accessed June 2026). A deputyship involves a £421 application fee, a £100 assessment fee, possible hearing costs, and annual supervision fees of £320 or £35 depending on the estate (Ministry of Justice and Office of the Public Guardian, gov.uk, accessed June 2026). It also continues to cost money each year.

Can I choose a deputyship instead of an LPA?

In practice the two are rarely a free choice. A person with capacity can make an LPA, which removes the need for a deputyship later (Office of the Public Guardian, gov.uk, accessed June 2026). A deputyship is generally only needed where capacity has already been lost and no valid LPA exists. Setting up an LPA in good time is what avoids the deputyship route.

How long does a deputyship take to set up?

A deputyship application goes through the Court of Protection and typically takes several months, longer than registering an LPA, because it involves a capacity assessment, notification of relevant people, and a court decision (Office of the Public Guardian, gov.uk, accessed June 2026). This delay is one reason the guidance encourages people to set up an LPA while they still have capacity.

Does a deputy have to report to anyone?

Yes. A deputy is supervised by the Office of the Public Guardian and must submit an annual report on the decisions made and the money managed, as well as pay the annual supervision fee (Office of the Public Guardian, gov.uk, accessed June 2026). An attorney under an LPA is not routinely supervised in the same way, although the OPG can investigate concerns about an attorney.