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Powers of Attorney

Deputyship and the Court of Protection

What a deputy is, how the Court of Protection appoints one, and why an LPA made in good time can often avoid the need for it.

10 min read · Written by the Fairchild Oldfield team · Last reviewed: July 2026

£421
The court fee to apply to become a deputy in England and Wales. A registration fee for a Lasting Power of Attorney, by contrast, is £92 per document.
Source: gov.uk, as at July 2026, subject to change.

Deputyship is a court-appointed arrangement that lets someone make decisions for a person who has lost the mental capacity to make those decisions themselves, where no Lasting Power of Attorney is already in place. In England and Wales, the Court of Protection appoints the deputy and sets the limits of what they can do.

Deputyship usually comes into play only after capacity has been lost, which makes it slower and more costly than planning ahead. This guide explains what a deputy is, how the Court of Protection works, the two types of deputy, the fees, and how the arrangement compares with a Lasting Power of Attorney Explained. It sits within our wider estate planning guide. Figures are current as at July 2026 and are subject to change.

What is deputyship?

Deputyship is a legal authority granted by the Court of Protection to a person, the deputy, to make decisions for someone who cannot make them for themselves because they lack mental capacity (gov.uk, become a deputy, as at July 2026). It applies where no Lasting Power of Attorney or enduring power of attorney was set up while the person still had capacity. The deputy acts within the terms the court sets and reports each year to the Office of the Public Guardian.

What is the Court of Protection?

The Court of Protection is the specialist court in England and Wales that makes decisions about the finances and welfare of people who lack mental capacity. It can appoint deputies, resolve disputes about capacity, and make one-off decisions where needed (gov.uk, as at July 2026). It works alongside the Office of the Public Guardian, which supervises appointed deputies and keeps registers of deputies and attorneys. The court decides whether a deputy is needed at all before appointing one.

The two roles

The two types of deputy

The court can appoint a deputy for finances, for personal welfare, or occasionally for both. Each covers a different set of decisions.

Property and financial affairs

Managing bank accounts, paying bills, dealing with pensions and, where the court allows, selling property. The more common of the two.

See the fees

Personal welfare

Decisions about medical treatment and how someone is cared for. Appointed less often, and not for a person aged under 16.

See a deputy's duties

The alternative: an LPA

A Lasting Power of Attorney lets you choose your own decision-makers in advance, which can remove the need for a deputy later.

Learn more

The key difference

Deputyship compared with a Lasting Power of Attorney

The main difference is timing and choice. An LPA is made while you still have capacity, so you choose who acts for you and it can be registered for £92 per document (gov.uk, as at July 2026, subject to change). Deputyship is only available after capacity is lost, the court chooses whether and whom to appoint, and the process tends to take longer and cost more.

FeatureLasting Power of AttorneyDeputyship
When it is set upWhile you still have capacityAfter capacity is lost
Who chooses the decision-makerYou doThe Court of Protection
Registration or application fee£92 per LPA£421 to apply
Ongoing supervision feeNoneAnnual, from £35 to £320

Sources: gov.uk/power-of-attorney and gov.uk/become-deputy/fees, as at July 2026, subject to change. See setting up an LPA.

Planning ahead

£92

The registration fee for one LPA, compared with £421 to apply for a deputy. Because an LPA is made in advance and needs no annual supervision, many people see it as the simpler route where it is still possible.

Source: gov.uk, as at July 2026, subject to change.
A worked example (illustration only). Suppose an elderly parent has a stroke and can no longer manage her bank account, and no LPA was ever made. A family member applies to the Court of Protection to become her property and financial affairs deputy. They pay the £421 application fee, and because she has more than £21,000 to manage, general supervision applies at £320 a year, with a one-off £100 assessment fee as a new deputy (gov.uk, as at July 2026, subject to change). Had an LPA been registered years earlier for £92, that step, the delay and the ongoing supervision might all have been avoided. Every situation differs, so this is general information rather than a view on any particular case.

How the deputyship process works

Applying to become a deputy is a court process, so it involves forms, an assessment of capacity, and a wait while the court considers the application. In broad terms it runs as follows, though the detail depends on the type of deputy and the person's circumstances (gov.uk, as at July 2026).

How it works in practice

Applying to become a deputy, step by step

I

Assess capacity

A practitioner completes an assessment confirming the person lacks the capacity to decide.

II

Complete the forms

Fill in the application and deputy declaration, setting out who you are and what you seek.

III

Notify and apply

Tell the person and their close relatives, then submit to the Court of Protection with the fee.

IV

Court decision

The court checks for objections, decides whether a deputy is needed, and sets the terms.

V

Supervision begins

Once appointed, you report each year to the Office of the Public Guardian.

The numbers

What does deputyship cost?

There is a court fee to apply, and then ongoing supervision fees once a deputy is appointed. The application fee is £421, with a further £259 if the court decides the case needs a hearing, and new deputies pay a one-off £100 assessment fee (gov.uk, as at July 2026, subject to change). Property and financial affairs deputies usually also arrange a security bond, a form of insurance whose cost depends on the amount managed.

ItemFee (July 2026)
Application to become a deputy£421
If the court holds a hearing£259
New deputy assessment (one-off)£100
General annual supervision£320
Minimal annual supervision (managing under £21,000)£35

Source: gov.uk/become-deputy/fees, as at July 2026, subject to change. Help with fees may be available on low income or certain benefits.

Annual supervision

£320

The general annual supervision fee once a deputy is appointed. A lower minimal rate of £35 applies to some property and affairs deputies managing less than £21,000. An LPA carries no such ongoing fee.

Source: gov.uk, as at July 2026, subject to change.

A deputy's duties and limits

A deputy is not free to do as they wish. They must act in the person's best interests, keep the person's money separate from their own, keep records, and stay within the powers the court granted. Each year they send an annual deputy report to the Office of the Public Guardian explaining the decisions they made (gov.uk, as at July 2026). Some decisions, such as selling the person's home or making large gifts, usually need separate court approval.

  • Best interests. Every decision must be made in the person's best interests, not the deputy's.
  • Separate money. The person's finances are kept apart from the deputy's own.
  • Records and reporting. The deputy keeps accounts and reports each year to the Office of the Public Guardian.
  • Court approval. Bigger steps, such as selling a home or making substantial gifts, often need the court's permission.
An LPA lets you appoint the people you trust. A deputyship means a court appoints someone after the choice is no longer yours to make.

Deputyship in Scotland and Northern Ireland

This guide describes the law of England and Wales, where the Court of Protection and the Office of the Public Guardian operate. Scotland has a separate system under its own adults with incapacity law, using guardianship and intervention orders granted by the sheriff court, overseen by the Office of the Public Guardian (Scotland). Northern Ireland has its own arrangements again. If capacity issues touch more than one UK nation, it can be worth taking advice in each.

Frequently asked questions

What is the difference between a deputy and a power of attorney?

An attorney is chosen by you under a Lasting Power of Attorney while you still have capacity. A deputy is appointed by the Court of Protection after capacity has already been lost and no LPA exists. In short, an LPA lets you plan ahead and choose, while deputyship is a court solution when no such plan was made.

How much does it cost to become a deputy?

The court application fee is £421, with a further £259 if the court holds a hearing, and a one-off £100 assessment fee for new deputies, according to gov.uk as at July 2026 and subject to change (gov.uk/become-deputy/fees). Annual supervision then costs £320, or £35 for minimal supervision where under £21,000 is managed.

Can I avoid deputyship?

Often, yes, by making a Lasting Power of Attorney while you still have capacity, since a registered LPA usually removes the need for a deputy later (gov.uk, as at July 2026). An LPA can be registered for £92 per document (gov.uk, as at July 2026). Once capacity is lost, an LPA can no longer be made, so many people consider one in good time.

Who can apply to be a deputy?

Anyone aged 18 or over can apply, and it is often a close relative or friend, though a professional such as a solicitor can also act. The Court of Protection checks the applicant is suitable and considers any objections before appointing (gov.uk, as at July 2026). More than one person can be appointed to act together, depending on circumstances.

How long does a deputyship application take?

There is no fixed timescale, and it often takes several months from application to appointment. The wait depends on the type of deputy, whether the court needs more information, and whether anyone objects. Because the process only starts after capacity is lost, the delay is one reason many people prefer to arrange an LPA in advance where they can.

Does a deputy have to report to anyone?

Yes. Once appointed, a deputy is supervised by the Office of the Public Guardian and must send an annual deputy report explaining the decisions they made (gov.uk, as at July 2026). They must keep the person's money separate and act in that person's best interests. Larger decisions, such as selling a home, may need further court approval.

About Fairchild Oldfield

The Fairchild Oldfield team brings together estate planning, tax, independent financial advice and client care, working with families across England and Wales.

Fairchild Oldfield are estate planning specialists and will writers, not a firm of solicitors. This article is general information based on practical experience, not legal, tax or financial advice.

Important: This article is general information only and is not legal, tax or financial advice. Reading it does not create a professional relationship. It is based on the law of England and Wales, and other UK jurisdictions may differ. Figures and rules are current as at July 2026 and are subject to change. Before acting, many people choose to seek advice from a suitably qualified professional, such as a solicitor, a STEP practitioner, an accountant, or an FCA-authorised financial adviser, who can consider your individual circumstances.

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