Difference Between Deputyship and Power of Attorney: What’s Best For You?

When a loved one loses the ability to make decisions for themselves, families face critical choices about managing their affairs. Understanding the difference between deputyship and power of attorney can save considerable time, money, and emotional strain during already difficult circumstances.

Understanding Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint one or more trusted individuals (attorneys) to make decisions on your behalf if you lose mental capacity. The crucial aspect of an LPA is that it must be established whilst you still have the mental capacity to understand and sign the document.

There are two types of LPA available in England and Wales:

• Property and Financial Affairs LPA: This permits your attorney to manage your bank accounts, pay bills, make investments, and handle property transactions on your behalf.
• Health and Welfare LPA: This allows your attorney to make decisions about your medical treatment, where you live, and day-to-day care matters such as diet and daily routine. Understanding how a Health and Welfare Lasting Power of Attorney supports loved ones when they cannot decide is essential for comprehensive planning.

You can choose to create one type or both, depending on your circumstances and preferences. The LPA only becomes active either immediately (if you specify this for property and financial affairs) or when you lack mental capacity (which is always the case for health and welfare LPAs).

What Is Deputyship?

Deputyship is a court-appointed role for someone who needs to make decisions on behalf of a person who lacks mental capacity but who has not created an LPA. The Court of Protection appoints a deputy when there is no other way to make necessary decisions on behalf of the individual.

Similar to LPAs, there are two types of deputyship:

• Property and Financial Affairs Deputy: This role involves managing the person’s financial matters, paying bills, and organising their pension.
• Personal Welfare Deputy: This involves making decisions about medical treatment and care arrangements. However, the court will usually only appoint a personal welfare deputy in specific circumstances, such as when there is family disagreement about care or when decisions need to be made about a particular issue over time.

Key Differences Between LPA and Deputyship

Timing and Control

The most significant difference lies in when each arrangement is established. An LPA is created proactively whilst you have mental capacity, allowing you to choose who will act on your behalf and what powers they will have. You maintain control over the decision-making process and can specify preferences and instructions.

Deputyship, conversely, is a reactive measure imposed by the Court of Protection after someone has already lost capacity. The person lacking capacity has no say in who is appointed or what powers they receive. The court makes these decisions based on what it deems to be in the person’s best interests.

Application Process

Creating an LPA is a relatively straightforward process. You complete the relevant forms, have them signed by a certificate provider who confirms you understand what you are doing and are not under pressure, and then register the LPA with the Office of the Public Guardian. The registration process typically takes eight to ten weeks if there are no errors in the application.

Applying for a deputyship is considerably more complex and time-consuming. You must complete multiple forms, including the main application form (COP1), and provide extensive information about the person’s circumstances, living situation, family relationships, finances, and care arrangements. A capacity assessment by a relevant professional is required. Once submitted, you must notify at least three people who have an interest in the person’s welfare. The entire process typically takes four to six months, and can take significantly longer if anyone objects to the application.

Costs of LPA vs Deputiship

The financial difference between these two options is substantial. Currently, registering an individual LPA costs £92 as of 17 November 2025. This is a one-time fee, with no annual charges for LPAs.

Deputyship is considerably more expensive. The initial Court of Protection application fee is £471. Additionally, deputies must pay annual supervision fees to the Office of the Public Guardian, which are either £35 or £320 per year, depending on the type of deputyship. These fees cover the cost of OPG supervision services, including checking annual reports, providing support, and investigating concerns. Legal fees for both arrangements must also be considered, though deputyship applications typically incur higher legal costs due to their complexity.

Ongoing Responsibilities and Supervision

Attorneys acting under an LPA have considerable autonomy in their role. They must follow the principles of the Mental Capacity Act 2005 and act in the donor’s best interests, but they are not subject to ongoing court supervision. They do not need to submit annual reports or seek court approval for decisions within their granted powers.

Deputies face much stricter oversight. They must send an annual deputy report to the Office of the Public Guardian explaining the decisions they have made. The OPG reviews these reports and may conduct visits to ensure deputies are acting appropriately. Deputies must also obtain court approval for certain significant decisions, and the court can change or restrict their powers at any time. Most deputies are required to obtain a surety bond, which is insurance to protect the assets they are managing.

Flexibility and Powers

When creating an LPA, you can tailor the document to your specific wishes. You can include preferences and instructions, specify how multiple attorneys should make decisions (jointly, jointly and severally, or a combination), and appoint replacement attorneys in case your first choice cannot act. Our guide on how Lasting Power of Attorney protects autonomy and future decisions explains these options in detail.

Deputies receive powers determined by the Court of Protection based on what it considers necessary and appropriate. These powers may be more limited than what you might have granted through an LPA, and deputies have less flexibility in how they exercise their authority.

Recent Updates and Legislative Changes

The Powers of Attorney Act 2023 represents a significant modernisation of the LPA system. Whilst many provisions are not yet in force, the Act aims to streamline processes, enhance safeguards for vulnerable individuals, and expand the scope of authority attorneys can exercise.

Key anticipated changes include simplified creation and management processes, stricter requirements for appointing attorneys to prevent coercion, clearer guidelines on attorney responsibilities, and the ability to manage digital assets such as online accounts. These updates reflect the government’s commitment to making the LPA system more accessible whilst strengthening protections against abuse.

The LPA registration fee increased from £82 to £92 on 17 November 2025, representing a modest rise aimed at covering administrative costs. However, it remains significantly more affordable than deputyship applications.

Practical Impact on Families

The choice between proactive LPA planning and reactive deputyship has profound implications for families.

Emotional considerations: Creating an LPA whilst you have capacity demonstrates care for your loved ones and removes the burden of court applications during crisis periods. Families can focus on providing support rather than navigating complex legal proceedings. Deputyship applications often occur during traumatic times following accidents or rapid health decline, adding legal stress to emotional distress.

Financial protection: The substantial cost difference means families can preserve more resources for care needs rather than legal fees and court costs. For deputyships, these costs can be recovered from the person lacking capacity’s estate, but this still reduces available funds.

Decision-making quality: LPAs allow you to communicate your wishes directly to your attorneys, ensuring decisions align with your values and preferences. Deputies must make decisions based on best interest principles without direct guidance from the person affected.

Family relationships: Proactively choosing attorneys can prevent family disputes about who should manage affairs. Court-imposed deputyship may create tensions if family members disagree with the appointment.

Best Practices for Protecting Your Wishes

To ensure your wishes are properly respected and authority is used responsibly, consider these best practices:

Act early: Create LPAs whilst you are healthy and have full capacity. Waiting until health concerns arise may mean you have already lost the capacity to sign the documents.

Choose attorneys carefully: Select individuals you trust completely who understand your values and will act in your best interests. Consider appointing more than one attorney and specifying replacement attorneys.

Provide clear guidance: Use the preferences and instructions sections of LPA forms to communicate your wishes about specific situations. This helps attorneys make decisions that align with your values.

Discuss your decisions: Have open conversations with your chosen attorneys about your wishes and the responsibilities they will undertake. Ensure they understand the principles they must follow under the Mental Capacity Act.

Keep documents accessible: Once registered, ensure your attorneys and family members know where to find your LPA documents when needed.

Review periodically: Whilst LPAs remain valid indefinitely, review them periodically to ensure they still reflect your wishes and that your chosen attorneys remain appropriate.

Consider both types: Many people benefit from having both property and financial affairs and health and welfare LPAs to ensure comprehensive protection.

Which Option Is Best for You?

The answer is clear: creating an LPA is almost always preferable to waiting for deputyship. LPAs offer greater control, lower costs, faster implementation, and reduced stress for families. They represent proactive planning rather than crisis management.

Deputyship should be viewed as a necessary fallback when someone has lost capacity without having created an LPA, not as a first choice. If you or your loved ones have not yet established LPAs, now is the time to consider this important step.

For families dealing with someone who has already lost capacity without an LPA, deputyship provides essential legal authority to manage their affairs, despite its complexity and cost. In these situations, seeking professional legal guidance can help navigate the application process effectively.

Take Control of Your Future Today

Do not wait until it is too late to protect yourself and your loved ones. Creating a Lasting Power of Attorney is one of the most important steps you can take to ensure your wishes are respected and your family is spared unnecessary legal complications during difficult times.

At A L Law Associates, our experienced family law team can guide you through the LPA process with compassion and clarity. We help families secure their futures through comprehensive, personalised legal planning. Contact us today to discuss how we can help you establish the right protections for your circumstances.