What is the difference between an LPA and a deputyship?
A Lasting Power of Attorney and a deputyship both allow someone to make decisions on behalf of a person who lacks mental capacity. But they are created in very different circumstances, at very different costs, and with very different levels of control.
For official details, see GOV.UK.
How does an LPA work?
An LPA is a document you create while you still have mental capacity. You choose:
- Who your attorneys will be.
- What powers they have.
- Any preferences or instructions for how they act.
- Whether they act jointly, jointly and severally, or a combination.
Once registered with the OPG (cost: £92 per document), it is ready to use when needed. The total cost with myLPA Guide is from £131 per document (£39 + £92).
How does a deputyship work?
A deputyship is a court order made by the Court of Protection. It is needed when someone has already lost mental capacity and does not have an LPA in place. The process involves:
- Applying to the Court of Protection with detailed forms and a medical assessment.
- The court decides who should be the deputy (usually a family member, but the court has the final say).
- The court sets the deputy's powers and may impose restrictions.
- The deputy is supervised by the OPG, with annual reporting requirements.
How much does a deputyship cost?
Deputyship is significantly more expensive than an LPA:
- Court application fee: £371
- Assessment of capacity: £100-£300 (medical report)
- Solicitor fees: £1,000-£3,000+ (most people use a solicitor for deputyship applications due to their complexity)
- Annual supervision fee: £320 per year (OPG supervision levy for property and affairs deputies)
- Security bond: May be required, with an annual premium
Compare this to an LPA through myLPA Guide: £131 per document with no ongoing fees.
What are the key differences?
- When it is created: LPA = while you have capacity. Deputyship = after you have lost capacity.
- Who decides: LPA = you choose your attorney. Deputyship = the court appoints the deputy.
- Cost: LPA = from £131 per document. Deputyship = typically £1,000-£3,000+ upfront, plus ongoing annual fees.
- Time: LPA registration = 8-10 weeks. Deputyship = 4-6 months or longer.
- Supervision: LPA attorneys have no ongoing reporting. Deputies must submit annual reports to the OPG.
- Flexibility: LPA attorneys have the powers you specified. Deputies have only the powers the court grants.
When is a deputyship unavoidable?
A deputyship is needed when:
- Someone has already lost mental capacity and no LPA exists.
- An LPA exists but is insufficient for the decisions that need making.
- There are disputes about an existing LPA that need court resolution.
- The court needs to remove an attorney and appoint a deputy instead.
Why should I make an LPA now?
The most compelling reason to make an LPA now is to avoid the need for a deputyship later. Consider:
- Cost saving: An LPA costs from £131. A deputyship costs £1,000-£3,000+, plus annual fees.
- Your choice: You choose your own attorney. With deputyship, a judge decides.
- Speed: A registered LPA is ready immediately. Deputyship takes months.
- Simplicity: No court hearings, no ongoing supervision, no annual reports.
myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.
Do not wait until it is too late. Complete your free LPA questionnaire today and protect yourself from the expense and uncertainty of deputyship.