A Lasting Power of Attorney (LPA) is set up while you have capacity. A Deputyship is what your family has to apply for through the Court of Protection if you lose capacity without one. The difference is hundreds of pounds and weeks vs thousands of pounds and months.
The Key Difference
Both an LPA and a Deputyship let someone make decisions for a person who can't make them themselves. The difference is when they're set up.
- LPA — you choose your attorney, sign the documents, and register them while you still have capacity. They sit in a drawer until needed.
- Deputyship — applied for by family members after capacity is lost. The Court of Protection decides who gets appointed and oversees them ongoing.
If you've not yet sorted an LPA, it's the single most important admin task of your year.
The Cost Gap (2026 Figures)
Setting up an LPA:
- OPG registration fee: £82 per LPA
- Solicitor fees (optional): £300–£600 per LPA
- Total for both LPAs DIY: ~£164
Applying for a Deputyship instead:
- Court application fee: £371
- Capacity assessment: £100–£500
- Solicitor fees: £950–£2,500+
- Annual supervision fee: £320 every year
- Security bond (often required): £100–£500/year depending on estate value
- Total first-year cost: commonly £1,500–£3,500
The Time Gap
Deputyships typically take 6–12 months to be granted. During that period:
- No-one can legally manage the bank accounts, pay the mortgage, or sell the house
- Care fees may need to be paid by family members from their own pocket
- Investments stay frozen — at the mercy of markets
An LPA registered today is ready in roughly 20 weeks and then sits dormant until needed. Once needed, it works the same day.
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Ongoing Control & Oversight
Once a Deputy is appointed, they must:
- Submit detailed annual reports to the OPG
- Get court permission for any "non-routine" decision (e.g. selling property, large gifts)
- Keep separate, audited records
An attorney under an LPA simply acts under the terms of the document — far less friction.
What To Do Now
- Read our LPA guide
- Pair it with a will
- Consider critical illness cover for the financial side
Through our partnership with Castle Family Legal, we can introduce you directly to a regulated specialist. Get in touch and we'll arrange it.
Frequently Asked Questions
- Can my family apply for a Deputyship for me?
- Yes — but only after you've lost capacity. They'll need a capacity assessment, court application and to wait 6–12 months. Far better to set up an LPA now.
- How much does a Deputyship cost in total?
- Typically £1,500–£3,500 in year one (court fees, capacity assessment, solicitor, security bond), then £320+ annually in supervision fees.
- Can a Deputy do everything an attorney can?
- No. Deputies need court permission for many decisions — gifts, property sales, complex investments. Attorneys under an LPA can usually act directly.
- Is a Deputyship ever better than an LPA?
- Almost never. The only situation is if capacity has already been lost — at which point an LPA is no longer possible.
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