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LPA vs Deputyship — When You Need a Deputy Instead of an LPA

Legal Guide8 min read14 April 2026

Quick Answer

An LPA is made while you have mental capacity and lets you choose who manages your affairs. A deputyship is a court order made after someone has lost capacity, costs over £1,000, and involves ongoing court supervision. Creating an LPA is always preferable to needing a deputyship.

Key Facts

  • An LPA is created by the person (donor) while they have mental capacity.
  • A deputyship is ordered by the Court of Protection after someone has lost capacity.
  • Deputyship applications cost over £1,000 — typically £1,000-£3,000+.
  • Deputies face ongoing supervision and annual reporting requirements.
  • LPA registration costs £92 per document vs £371 court application fee for deputyship.
  • Deputyship proceedings can take 4-6 months or longer.
  • With an LPA, you choose your attorney. With deputyship, the court chooses the deputy.

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.

Frequently Asked Questions

Can I make an LPA if I already have reduced capacity?

You can make an LPA as long as you have sufficient mental capacity to understand what it is and what you are doing. If capacity is in question, a medical assessment may be needed. Once capacity is fully lost, you cannot make an LPA.

How much does a deputyship cost in total?

Initial costs are typically £1,000-£3,000+ including the court fee, solicitor fees, and medical assessment. Ongoing costs include an annual supervision fee of £320 and potentially a security bond premium.

Can a deputy do everything an attorney can?

Not necessarily. The court sets specific powers for the deputy, which may be more limited than those an LPA attorney would have. The deputy must also seek court permission for certain decisions.

How long does a deputyship application take?

Typically 4-6 months, but complex or contested cases can take much longer. During this time, the person lacking capacity may have no one authorised to manage their affairs.

Can family members apply for deputyship?

Yes. Family members are the most common applicants. However, the court has discretion to appoint a different person — including a professional deputy — if it considers that more appropriate.

Is an LPA cheaper than a deputyship?

Yes, by a significant margin. An LPA through myLPA Guide costs from £131 per document with no ongoing fees. A deputyship typically costs £1,000-£3,000+ upfront plus annual supervision fees of £320.

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