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UK Law Reference
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Mental Capacity / Welfare
Updated 2026-05-16

Lasting Power of Attorney vs Court of Protection Deputyship

A Lasting Power of Attorney (LPA) is made while a person has capacity; a deputyship is imposed by the Court of Protection after capacity has been lost. This comparison explains the differences in process, cost, and ongoing obligations.

Overview

Planning for the possibility of losing mental capacity is one of the most important legal steps a person can take. The Mental Capacity Act 2005 (MCA 2005) provides two main mechanisms for someone to make decisions on behalf of a person who lacks capacity: a Lasting Power of Attorney (LPA), made in advance while the donor has capacity, and a deputyship, ordered by the Court of Protection after the person has already lost capacity. An LPA is a proactive, relatively inexpensive, and flexible arrangement. A deputyship is reactive, imposed by the court, more expensive, and subject to ongoing court oversight. The practical message is clear: make an LPA while you still can.

Side-by-Side Comparison

Lasting Power of Attorney (LPA)

Cost: £82 per LPA registration fee; solicitor costs if professional assistance used (£300–£1,000+)
Time: 8–20 weeks for OPG registration

Pros

  • Made while the donor has capacity — the donor chooses their own attorneys and can give specific instructions
  • Can cover both financial and health and welfare decisions in separate LPAs
  • Registration fee of £82 per LPA (waived for those on low income)
  • Attorney can act immediately on financial matters once registered; health and welfare LPA only operates when the donor lacks capacity

Cons

  • Requires mental capacity at the time of making — cannot be made after capacity is lost
  • Registration process takes approximately 8–20 weeks (OPG processing time)
  • Risk of attorney abuse — attorneys must act in the donor's best interests under MCA 2005 s.1(5); the OPG investigates concerns
  • Cannot be used until registered — so forward planning is essential

Best For

Any adult who wishes to plan for the future — particularly those with a diagnosis of a progressive condition, older adults, or anyone who wants to ensure that their chosen person can manage affairs if they lose capacity.

Court of Protection Deputyship

Cost: Court fee: £371 application fee; OPG annual supervision: £320 (general); solicitor costs: £2,000–£5,000+ for the application
Time: 6–12 months from application to deputyship order

Pros

  • Available when capacity has already been lost — the only option when an LPA was not made in time
  • Court oversight provides a safeguard against misuse — deputies must account to the OPG annually
  • The court can appoint the most suitable person — or a professional deputy if family relationships are difficult
  • Interim orders can be obtained quickly in urgent financial situations

Cons

  • Expensive — court application fee of £371; annual OPG supervision fee (£320 for general supervision); professional deputy fees if applicable; solicitor costs
  • Slow — a deputyship order can take 6–12 months from application to appointment
  • Annual reporting obligation — deputy must submit accounts and reports to the OPG each year
  • Deputy's powers are limited by the court order — any action outside the scope requires a further court application

Best For

Situations where a person has already lost capacity and no LPA or enduring power of attorney was made — leaving family members with no authority to manage affairs without a deputyship.

Key Differences

AspectLasting Power of Attorney (LPA)Court of Protection Deputyship
When madeWhile the donor has mental capacityAfter the person has lost mental capacity
Who chooses the decision-makerDonor chooses their own attorneysCourt of Protection chooses (usually applicant, but not guaranteed)
Cost£82 per LPA registration fee£371 application fee + £320 annual OPG supervision + solicitor costs
Ongoing oversightOPG registers and investigates concerns; no mandatory annual reporting for most LPAsAnnual accounts and reports to OPG mandatory; court can remove deputy
Speed8–20 weeks for registration once the LPA is signed6–12 months for a deputyship order
Scope of authorityAttorney has wide authority within the terms of the LPA and MCA 2005Deputy's authority limited to what the court order specifies
Health and welfare decisionsHealth and welfare LPA gives attorney power over personal care and medical treatment decisionsPersonal welfare deputies are rarely appointed — courts prefer to make specific decisions rather than ongoing deputyship

Our Recommendation

Make an LPA as soon as possible — ideally before any cognitive decline is apparent. The process is straightforward and the OPG provides free forms and guidance. Do not wait for a diagnosis: once capacity is lost, the only option is a deputyship, which is slower, more expensive, and gives the person less control over who will manage their affairs. If a family member has already lost capacity and no LPA exists, contact a solicitor specialising in Court of Protection work immediately.

Related Guides

Official Resources

Office of the Public Guardian — Make an LPA →Court of Protection — GOV.UK →Mental Capacity Act 2005 — legislation.gov.uk →