Deputyship vs Lasting Power of Attorney: What’s the Difference?
When someone is no longer able to make decisions for themselves, there are two legal arrangements that often come into play: a Lasting Power of Attorney (LPA) and a Deputyship.
Although they both allow someone else to make decisions on another person’s behalf, they work in very different ways. Understanding the difference can help you plan ahead, avoid unnecessary stress and, in many cases, save both time and money.
Lasting Power of Attorney – Planning ahead
A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint someone you trust (your attorney) to make decisions on your behalf if you are ever unable to do so yourself.
There are two types of LPA:
- Property and Financial Affairs – covering matters such as bank accounts, paying bills and managing property.
- Health and Welfare – covering decisions about medical treatment, care and living arrangements.
Key points
- When is it set up? While you still have mental capacity.
- Who chooses the attorney? You decide who you want to act for you.
- Control: You can specify how and when your attorney can act, giving you greater control over future decisions.
- Cost and timescale: Generally quicker and more cost-effective than applying for Deputyship.
For example, if an elderly parent wants a son or daughter to manage their finances in the future, they can put an LPA in place now. It can be registered and ready to use if it is ever needed.
Deputyship – When capacity has already been lost
A Deputyship is required when someone has already lost mental capacity and did not put an LPA in place beforehand.
In these circumstances, an application must be made to the Court of Protection, which decides whether to appoint a deputy to make decisions on that person’s behalf.
Key points
- When is it set up? After the person has lost mental capacity
- Who appoints the deputy? Anyone can apply, but the Court of Protection decides who will be appointed. This may be a family member, although this is not guaranteed.
- Control: The court determines the deputy’s powers and supervises how they are exercised.
- Ongoing responsibilities: Deputies must keep detailed financial records and submit an annual report to the Office of the Public Guardian explaining the decisions they have made and how funds have been managed.
- Cost and timescale: Deputyship applications are generally more expensive, take longer to complete and involve ongoing supervision fees.
At a glance
| Lasting Power of Attorney | Deputyship | |
| Set up when | The person still has mental capacity | The person has already lost mental capacity |
| Who appoints? | The individual themselves | The Court of Protection |
| Cost and timescale | Lower cost and generally quicker | Higher cost and typically takes longer |
| Who decides? | The individual chooses who will act | The Court decides who is appointed |
| Ongoing oversight | Minimal | Annual reporting and ongoing court supervision |
Which option is right?
Where possible, setting up a Lasting Power of Attorney is usually the best option.
It allows you to choose who will make decisions on your behalf, gives you greater control over your future and avoids the additional time, expense and court involvement associated with Deputyship applications.
Deputyship remains an essential safeguard where no LPA exists, but it is often viewed as a solution of last resort.
Planning for the future
Making Lasting Power of Attorney is about planning ahead and ensuring that someone you trust can support you if the unexpected happens. Waiting until capacity has been lost removes that choice that means loved ones may need to apply to the Court of Protection instead.
If you or a family member have not yet put a Lasting Power of Attorney in place, seeking advice sooner rather than later can provide reassurance and help make the future much simpler for everyone involved.
Hayley Wintrup is a caseworker in the Later Life Team at Barker Gotelee Solicitors in Suffolk.
For more information on our range of legal services, including information regarding Lasting Power of Attorney and Deputyship please call the Private Client Team on 01473 611211 or fill out our enquiry form.
