Deputyship vs Lasting Power of Attorney: Key Differences
Both allow someone to manage your affairs — but the differences in cost, control, and flexibility are significant.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
An LPA and a deputyship order both give someone the legal authority to make decisions on behalf of another person — but that is where the similarity ends. An LPA is a proactive step you take while you still have mental capacity: you choose who acts for you, on your terms, for £92. Deputyship is a reactive process that your family must go through after you have already lost capacity: the court decides who acts, it costs thousands, and it takes months. Understanding these differences makes it clear why planning ahead matters so much.
Key differences at a glance
- Cost: LPA — £92 once, no ongoing fees. Deputyship — £1,000–£3,000+ to set up, then £320/year in supervision.
- Control: With an LPA you choose your attorneys. With deputyship, the court appoints a deputy.
- Timing: An LPA must be created while you have capacity. Deputyship is only available after capacity is lost.
- Speed: LPA registration takes 4–6 weeks. Deputyship takes 12–20+ weeks.
At a glance
- An LPA costs £92 to register with no ongoing fees; deputyship costs £1,000 to £3,000+ to set up plus £320 per year in supervision
- An LPA lets you choose your attorneys; with deputyship the court decides who acts for you
- An LPA can only be created while you have mental capacity; deputyship is for after capacity is lost
- Over 10 years, deputyship can cost more than 60 times what an LPA would have cost
Deputyship vs LPA: Full Comparison Table
| Feature | Lasting Power of Attorney | Deputyship |
|---|---|---|
| Who chooses? | You choose your own attorneys | The court appoints the deputy |
| When created? | While you have mental capacity | After you have lost capacity |
| Registration fee | £92 per LPA | £371 court application fee |
| Typical total cost | £92–£200 | £1,000–£3,000+ |
| Annual supervision fee | None | £320 per year |
| Time to set up | 4–6 weeks (registration) | 12–20+ weeks |
| Ongoing reporting | Not required | Annual reports to OPG |
| Security bond | Not required | Often required |
| Flexibility | Broad authority, donor sets terms | Limited by court order |
| Can include preferences? | Yes — detailed instructions allowed | No — court sets the terms |
LPA: The Proactive Approach
A Lasting Power of Attorney is something you set up before you need it. While you still have mental capacity, you choose the people you trust most to manage your affairs if you ever become unable to do so yourself. You decide:
- Who will act as your attorney (or attorneys)
- How they should work together — jointly, jointly and severally, or a combination
- What instructions they must follow and what preferences you would like them to consider
- Who should step in as replacement attorneys if your first choices can no longer act
The total cost is typically £92 per LPA (the OPG registration fee), with no ongoing fees or supervision charges. You can create the LPA yourself or use a professional service. The process is straightforward, and registration usually takes 4 to 6 weeks. Once registered, your attorneys can step in immediately when needed, without any further court involvement.
Key point: An LPA gives you control. You decide who acts for you, what they can do, and how they should do it. With deputyship, those decisions are made by the court — and they may not match what you would have wanted.
Deputyship: The Reactive Alternative
Deputyship is a court-imposed solution for when someone has already lost mental capacity and has no LPA in place. A family member (or sometimes a professional) must apply to the Court of Protection to be appointed as deputy. The process is significantly more burdensome than creating an LPA:
- A medical assessment must confirm the person lacks capacity (typically £100–£300)
- Multiple court forms must be completed (COP1, COP1A, COP3, COP4)
- Close family members must be formally notified and given the opportunity to object
- The court application fee is £371
- Solicitor fees for preparing the application typically range from £1,000 to £2,500
- The whole process takes 12 to 20 weeks or longer
During this time, the family may have no legal authority to manage the person's finances, access their bank accounts, pay their bills, or make decisions about their care. This can create genuine hardship, especially if the person's mortgage, council tax, or care fees need to be paid urgently. Read more about what happens when someone loses capacity without an LPA.
The Cost Difference Over Time
The financial difference between an LPA and deputyship is striking, and it compounds over time: For official information, see apply for deputyship on GOV.UK.
LPA Costs
- Registration: £92
- Annual fees: £0
- 5-year total: £92
- 10-year total: £92
Deputyship Costs
- Application + solicitor: ~£2,000
- Annual supervision: £320/year
- 5-year total: ~£3,600
- 10-year total: ~£5,200
Over a decade, deputyship can cost more than 60 times what an LPA would have cost. And that does not include the security bond premiums, additional court applications for specific permissions, or the stress and time involved in the process. For a deeper look at the financial case, see our guide on why an LPA is cheaper than the Court of Protection.
Are There Situations Where Deputyship Is Better?
In the vast majority of cases, an LPA is the better option — but there are a small number of situations where deputyship can offer advantages worth knowing about.
- Protection from financial abuse: Because a deputy operates under active court supervision and must submit annual accounts to the OPG, there is arguably greater external oversight than with an LPA attorney. Where there is a genuine risk of financial abuse by a family member, the court scrutiny of deputyship can provide an additional safeguard.
- No suitable attorney exists: If a person loses capacity without an LPA and genuinely has no suitable family member or friend to appoint, the court can appoint a professional deputy to manage their affairs. There is no equivalent “default” route within the LPA system.
- Disputed appointments: Where family members cannot agree on who should manage a person’s affairs, a court-appointed deputy removes the conflict by making the decision independently.
In each of these cases, deputyship is a workable fallback — but it should never be the plan. If there is any opportunity to create an LPA while capacity remains, that remains the far better choice.
LPA Freedom vs Deputyship Restrictions
An LPA attorney generally has broad authority to act on the donor's behalf, within the limits set by the donor in the LPA document. The donor can include specific instructions or preferences, but the default position is that the attorney can make decisions as the donor would have made them.
A deputy, by contrast, operates under a court order that typically imposes specific restrictions. These may include:
- Spending limits that require court approval to exceed
- Restrictions on selling property without specific court permission
- Requirements to invest the person's funds in particular ways
- Mandatory annual reporting to the OPG, with detailed accounts of all transactions
- The need to return to court for approval of any significant or unusual decisions
While these restrictions exist to protect the person who lacks capacity, they can also make it difficult for the deputy to manage affairs efficiently. Simple decisions that an LPA attorney could make immediately may require a deputy to seek court permission first, adding delay and cost.
The Emotional Toll of Deputyship on Families
Beyond the financial and practical differences, there is an important emotional dimension. When someone loses capacity unexpectedly — through a stroke, accident, or rapid cognitive decline — their family is often already dealing with shock, grief, and the demands of arranging care.
Having to navigate a court application on top of everything else adds enormous stress. The deputyship process requires families to:
- Gather medical evidence and complete complex legal paperwork
- Notify family members, which can sometimes trigger disputes
- Wait months for the court to make a decision, with no authority to act in the meantime
- Deal with ongoing supervision and annual reporting requirements indefinitely
An LPA eliminates all of this. When it is needed, the attorneys simply present the registered document and begin acting. There is no court process, no waiting period, and no ongoing bureaucracy. It is one of the most caring things you can do for your family — sparing them the burden of a court application during one of the most difficult times of their lives.
The bottom line: An LPA costs £92 and takes a few weeks. Deputyship costs £1,000+ and takes months. An LPA lets you choose who acts for you. Deputyship lets the court decide. In virtually every scenario, an LPA is the better option — but you can only create one while you still have capacity.
Prevention is better than cure. A properly drafted LPA can prevent many of these problems. Learn how our service works or see pricing.
Key Takeaways
- An LPA is proactive; deputyship is reactive — you create an LPA while you have capacity and choose your own attorneys; deputyship happens after capacity is lost and the court decides.
- Cost difference is dramatic — an LPA costs £92 one-off; deputyship costs £1,000 to £3,000+ to set up plus £320 per year in OPG supervision fees.
- Deputies face ongoing restrictions — spending limits, mandatory annual reporting, potential security bonds, and the need to return to court for major decisions.
- Deputyship takes 12 to 20+ weeks to process — during which time the family has no legal authority to manage the person’s affairs.
- The emotional toll on families is significant — navigating a court application during a health crisis adds enormous stress that an LPA would have prevented entirely.
Got Questions? Here Are the Answers
How much more expensive is deputyship compared to an LPA?
Significantly more. An LPA costs £92 to register with no ongoing fees. Deputyship typically costs £1,000 to £3,000+ to set up, plus £320 per year in supervision fees. Over 10 years, deputyship can cost more than 60 times what an LPA would have cost.
Can I still create an LPA if my family member has already lost mental capacity?
No. An LPA can only be created while the donor has mental capacity. Once someone has lost capacity, the only option is to apply to the Court of Protection for a deputyship order, which is more expensive and time-consuming.
Does a deputy have the same powers as an LPA attorney?
No. A deputy operates under a court order that typically imposes specific restrictions, spending limits, and reporting requirements. An LPA attorney generally has broader authority set by the donor, with no ongoing court supervision or annual reporting obligations.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Relevant government resources
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