What Is Deputyship?
When someone loses capacity without an LPA, the court may appoint a deputy to manage their affairs.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Imagine a parent develops dementia and has never set up a Lasting Power of Attorney. Their bank accounts are frozen, bills go unpaid, and the family is stuck. The only route forward is deputyship — a court-imposed process that is significantly more expensive, more restrictive, and more time-consuming than an LPA would have been. A deputy is a person appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to make those decisions themselves, typically because they did not put an LPA in place before losing capacity.
At a glance
- A deputy is a person appointed by the Court of Protection to make decisions for someone who has already lost mental capacity and has no LPA in place
- Deputyship applications cost at least £371 in court fees plus solicitor costs, compared to £92 to register an LPA
- The process takes 3 to 6 months, and no one has legal authority during the waiting period
- Deputies face ongoing supervision, annual reporting, and fees from the Office of the Public Guardian that LPA attorneys do not
Types of Deputyship
There are two types of deputyship, mirroring the two types of LPA:
Property & Affairs Deputy
This is by far the most common type. A property and affairs deputy manages the person's finances, including bank accounts, bills, benefits, investments, property, and tax affairs. The vast majority of deputyship applications are for this type.
Personal Welfare Deputy
A personal welfare deputy makes decisions about the person's healthcare, living arrangements, and day-to-day care. These appointments are rare because the court prefers to make specific one-off welfare decisions rather than granting broad ongoing authority.
Key point: Unlike an LPA, where you choose your own attorney, with deputyship the court decides who is appointed. While family members are often chosen, the court may appoint a professional deputy (such as a solicitor or local authority) if it considers that more appropriate.
How to Apply for Deputyship
Applying for deputyship is a formal court process. It is considerably more involved than registering an LPA, and it typically takes several months from start to finish. The key steps are:
Obtain a mental capacity assessment
A qualified professional (usually a doctor or psychiatrist) must assess the person and confirm in writing that they lack mental capacity to make the relevant decisions. This assessment is known as a COP3 form.
Complete the application forms
The main form is the COP1 (application form), accompanied by the COP1A (supporting information) and the COP3 (assessment of capacity). A deputy declaration form (COP4) must also be completed.
Notify relevant people
You must formally notify the person who lacks capacity and certain other people (typically close family members) about the application. They have the right to object.
Submit the application and pay the fee
The completed forms are submitted to the Court of Protection along with the application fee of £371. The court will review the application and may request further information.
Court decision
If no objections are received and the court is satisfied, it will issue a deputyship order. This can take anywhere from 12 to 20 weeks, or longer if the application is complex or contested.
How Much Does Deputyship Cost?
Deputyship is significantly more expensive than setting up an LPA. The costs include:
- Court application fee: £371
- Assessment of capacity (COP3): typically £100–£300 for a GP or more for a specialist
- Solicitor fees: if you use a solicitor to prepare the application, expect to pay £1,000–£2,500 or more depending on complexity
- Security bond: the court may require the deputy to take out a security bond (a form of insurance) to protect the person's assets — the annual premium depends on the value of the estate
- OPG supervision fee: £320 per year for the first year, and ongoing annual supervision fees thereafter
By comparison, an LPA costs just £92 to register, involves no ongoing supervision fees, and can be set up without a solicitor. The financial case for creating an LPA before it is needed is overwhelming. Our guide on deputyship vs LPA covers the full comparison.
How Long Does a Deputyship Application Take?
A deputyship application typically takes 3 to 6 months from start to finish, and sometimes longer if there are complications, missing paperwork, or objections from family members. Complex cases or contested applications can stretch well beyond six months.
During this waiting period, nobody has legal authority to manage the person's finances or make decisions on their behalf. Bank accounts may remain frozen, bills can go unpaid, and urgent financial matters may be left unresolved. This can cause serious practical and emotional strain for the whole family.
By contrast, a Lasting Power of Attorney can be prepared and registered well in advance — before any loss of capacity occurs. LPA registration typically takes just 4 to 6 weeks, and once registered, your chosen attorneys can step in immediately when needed, with no court involvement and no waiting period.
Ongoing Supervision by the OPG
Unlike LPA attorneys, who are largely unsupervised unless a concern is raised, deputies are actively supervised by the Office of the Public Guardian. This supervision includes:
- Annual reports: property and affairs deputies must submit an annual report to the OPG detailing all financial transactions made on behalf of the person. This includes income, expenditure, assets, and liabilities
- Visits: the OPG may arrange for a Court of Protection visitor to meet with the deputy and/or the person to check that everything is in order
- Record-keeping: deputies must maintain detailed records of all decisions and transactions, and make them available to the OPG on request
- Compliance checks: the OPG monitors whether deputies are acting within the scope of their court order and in the person's best interests
Important: Failure to comply with OPG supervision requirements can result in the deputy being removed by the court, or in serious cases, criminal prosecution. Deputyship carries significant accountability.
What Restrictions Are Placed on Deputies?
Deputies are subject to more restrictions than LPA attorneys. The court order appointing a deputy will typically specify the limits of their authority. Common restrictions include:
- Spending limits: the court may set a maximum amount the deputy can spend without returning to court for approval
- Property sales: a deputy may need specific court permission to sell the person's property
- Gifts: deputies are subject to the same gift-giving restrictions as LPA attorneys, and may face even tighter controls
- Investment restrictions: the court may specify how the person's money should be invested
- Reporting requirements: the deputy must submit annual reports and may face additional reporting obligations
The level of restriction depends on the individual case and the value of the person's estate. For large estates, the court may impose more detailed requirements. This stands in stark contrast to an LPA, where the donor can grant broad authority to their chosen attorneys with fewer ongoing constraints. Understanding what happens when someone loses capacity without an LPA underscores why planning ahead is so important.
Why an LPA Is Better Than Deputyship
In almost every case, setting up an LPA while you have capacity is preferable to relying on the deputyship process. The key advantages of an LPA include:
- You choose who manages your affairs, rather than leaving it to the court
- Lower cost — £92 registration fee vs £1,000+ for deputyship
- No ongoing fees — LPA attorneys are not subject to annual supervision charges
- Greater flexibility — you can include specific instructions and preferences in your LPA
- Faster — LPA registration typically takes 4–6 weeks; deputyship applications can take 4–6 months or longer
- Less stressful for your family — they do not have to navigate a court process during an already difficult time
Tip: An LPA costs £92 to register with no ongoing fees. Deputyship costs thousands and requires annual supervision. Create your LPA now to avoid the court process.
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
- Deputyship is the fallback when no LPA exists — it only becomes necessary because the person did not create an LPA while they had capacity
- The court chooses the deputy, not you — unlike an LPA where you pick your own attorney, the Court of Protection decides who is appointed
- Costs are significantly higher than an LPA — court fees, solicitor costs, security bonds, and annual OPG supervision fees add up to thousands of pounds
- Deputies face strict ongoing oversight — annual reports, spending limits, and potential court approval requirements that LPA attorneys do not face
- Creating an LPA now avoids deputyship entirely — a £92 registration fee replaces a process costing thousands and taking months
Frequently Asked Questions
How long does a deputyship application take?
A deputyship application typically takes 12 to 20 weeks to process, though it can take longer if the case is complex or contested. During this time, no one has legal authority to manage the person's affairs.
Can a deputy be removed from their role?
Yes. The Court of Protection can remove a deputy if they fail to act in the person's best interests, breach their duties, or fail to comply with OPG supervision requirements.
Is deputyship the same as power of attorney?
No. An LPA is created by the person themselves while they have capacity, choosing their own attorney. Deputyship is imposed by the court after someone has already lost capacity, and the court decides who is appointed.
Can I avoid deputyship by creating an LPA?
Yes. If you create an LPA while you still have mental capacity, your chosen attorneys can act for you without any court involvement. Deputyship is only necessary when no LPA exists and the person has already lost capacity.
Who decides the deputy if there's no LPA?
The Court of Protection decides. Family members can apply, but the court ultimately chooses who to appoint. This may not be the person you would have chosen.
Is a deputy the same as an attorney?
They serve a similar purpose, but a deputy is appointed by the court, while an attorney is chosen by you. Deputies face more restrictions, ongoing supervision, and annual fees that attorneys do not.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
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