LPA vs Deputyship: Key Differences

What is the difference between an LPA and deputyship?

An LPA is arranged in advance by a person who still has capacity, choosing their own attorneys. A deputyship is a court order made after capacity is lost, so the person can no longer choose who acts for them. Because of that, an LPA is generally cheaper, quicker and more private, while a deputyship involves the Court of Protection and ongoing oversight (gov.uk and gov.uk, as at July 2026, subject to change).

LPA vs deputyship at a glance

The two arrangements differ on nearly every practical point: who sets them up, when they can be used, who decides, and how much supervision applies. The table below sets out the main contrasts for England and Wales. Fees shown are the headline gov.uk figures and can be reduced or waived in some cases (gov.uk and gov.uk, as at July 2026, subject to change).

Feature	Lasting Power of Attorney	Deputyship
Who sets it up	The person themselves, while they have capacity	Applied for by someone else after capacity is lost
Who chooses the decision-maker	The donor chooses their attorneys	The Court of Protection appoints the deputy
When it can be used	Once registered; welfare LPA only when capacity is lost	Once the court order is made
Headline government fee	£92 to register one LPA	£421 application plus £100 assessment for a new deputy
Ongoing oversight	Limited; the OPG can investigate concerns	Annual report and supervision fee to the OPG

Feature

Lasting Power of Attorney

Deputyship

Who sets it up

The person themselves, while they have capacity

Applied for by someone else after capacity is lost

Who chooses the decision-maker

The donor chooses their attorneys

The Court of Protection appoints the deputy

When it can be used

Once registered; welfare LPA only when capacity is lost

Once the court order is made

Headline government fee

£92 to register one LPA

£421 application plus £100 assessment for a new deputy

Ongoing oversight

Limited; the OPG can investigate concerns

Annual report and supervision fee to the OPG

What a Lasting Power of Attorney is

An LPA is a legal document that lets a person, the donor, choose one or more trusted attorneys to make decisions if they later cannot. There are two types: health and welfare, and property and financial affairs. You must be 18 or over and have mental capacity when you make it (gov.uk, as at July 2026, subject to change).

A property and financial affairs LPA can be used as soon as it is registered, with the donor's permission, while a health and welfare LPA can only be used once the donor is unable to make their own decisions (gov.uk, as at July 2026, subject to change). Because the donor picks the people they trust, many people choose to put an LPA in place well before it might be needed. Our note on Lasting Power of Attorney Explained covers how each type works.

What a deputyship is

A deputyship is a Court of Protection order appointing someone, the deputy, to make decisions for a person who already lacks the capacity to make them. As with LPAs, there are two types: property and financial affairs, and personal welfare. A property and financial affairs deputy does things like pay bills and manage a pension, while a personal welfare deputy makes decisions about care and treatment (gov.uk, as at July 2026, subject to change).

A deputy takes on continuing duties. They must send an annual report to the Office of the Public Guardian explaining the decisions they have made, and pay an ongoing supervision fee (gov.uk and gov.uk, as at July 2026, subject to change). Personal welfare deputies are appointed less often, generally where there is doubt that decisions will be made in someone's best interests or where a series of welfare decisions is needed over time (gov.uk, as at July 2026, subject to change). Our sibling guide to deputyship walks through the application in full.

A worked example (illustration only). Two families face the same situation: a parent developing dementia. In the first, the parent made a property and financial affairs LPA a year earlier, so once it is registered an attorney can step in and manage the bills, paying £92 to register it (gov.uk, as at July 2026, subject to change). In the second, no LPA exists and capacity has already gone, so a relative applies to the Court of Protection to be a deputy, paying a £421 application fee plus a £100 assessment fee for a new deputy, then a general supervision fee of £320 a year (gov.uk, as at July 2026, subject to change). Change the facts and the position changes, so this is general information rather than a calculation for any real case.

How LPA and deputyship compare on cost and time

An LPA is generally the cheaper and faster route because it avoids a court application and ongoing supervision. Registering one LPA costs £92, or £184 for both types, with reductions and exemptions for lower incomes and some benefits (gov.uk, as at July 2026, subject to change). A deputyship carries a £421 application fee, a £100 assessment fee for a new deputy, and, where the court orders a hearing, a £259 hearing fee (gov.uk, as at July 2026, subject to change).

Supervision. A deputy pays a general supervision fee of £320 a year, or £35 where minimal supervision applies for property and affairs deputies managing under £21,000 (gov.uk, as at July 2026, subject to change).

Timing. An LPA can be arranged in advance, whereas a deputyship can only begin after a court process that often takes several months.

Control. An LPA lets the donor choose who acts; a deputyship leaves that choice to the court.

LPA and deputyship in Scotland and Northern Ireland

The LPA and deputyship framework described here applies to England and Wales through the Court of Protection and the Office of the Public Guardian (gov.uk, as at July 2026, subject to change). Scotland has its own system of powers of attorney and guardianship orders through the Office of the Public Guardian (Scotland) and the sheriff court, and Northern Ireland operates a separate scheme. The names, forms and fees differ, so where a person or their affairs sit outside England and Wales, it can be worth taking advice in the relevant nation. For the wider picture, see our estate planning guide.

Frequently asked questions

Is an LPA better than a deputyship?

Neither is inherently better, but many people prefer an LPA because it is chosen in advance, tends to cost less and avoids a court process. Registering one LPA costs £92, against a £421 application fee plus a £100 assessment fee for a new deputyship (gov.uk and gov.uk, as at July 2026, subject to change). Deputyship exists for cases where no LPA was made in time.

Can you get an LPA if someone has already lost capacity?

Generally no. An LPA can only be made by a person who is 18 or over and has mental capacity at the time (gov.uk, as at July 2026, subject to change). Where capacity has already gone and no LPA or enduring power of attorney exists, an application to the Court of Protection for a deputyship is usually the route, and it can be worth discussing with a qualified professional.

How much does deputyship cost compared with an LPA?

A deputyship generally costs more. The Court of Protection application fee is £421, with a £100 assessment fee for a new deputy and a £259 fee if a hearing is needed, plus supervision of £320 a year or £35 where minimal supervision applies (gov.uk, as at July 2026, subject to change). Registering an LPA costs £92, or £184 for both types (gov.uk, as at July 2026, subject to change).

Does a deputy have more oversight than an attorney?

Usually yes. A deputy must send an annual report to the Office of the Public Guardian and pay an ongoing supervision fee (gov.uk and gov.uk, as at July 2026, subject to change). An attorney under an LPA is not routinely supervised in the same way, though the Office of the Public Guardian can investigate concerns about how an attorney is acting.

Can you have both an LPA and a deputy?

It depends on what each covers. Where a valid LPA already deals with a person's affairs, a deputy is not usually needed for the same decisions (gov.uk, as at July 2026, subject to change). Occasionally an LPA covers only finances while a separate welfare issue arises, so the arrangements can overlap. A qualified professional can help work out what fits a particular situation.

What happens if you lose capacity with no LPA in place?

Without an LPA or enduring power of attorney, family members generally cannot simply step in to manage money or make certain decisions. Someone usually has to apply to the Court of Protection to be appointed as a deputy, which takes time and involves fees and ongoing supervision (gov.uk, as at July 2026, subject to change). This is one reason many people choose to make an LPA earlier.

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.