Court of Protection Deputy vs LPA Attorney
A Lasting Power of Attorney (LPA) attorney is appointed by the donor while they have capacity under the Mental Capacity Act 2005 ss.9-14. A Court of Protection deputy is appointed by the court when no LPA exists and the person has already lost capacity (MCA 2005 s.16). Both can manage property and financial affairs or health and welfare decisions, but the routes, costs, and levels of ongoing oversight differ significantly.
Overview
The Mental Capacity Act 2005 establishes two principal mechanisms for authorising someone to make decisions on behalf of a person who lacks, or may lack, capacity. The first — and strongly preferred — mechanism is the Lasting Power of Attorney (LPA): a formal document made by the donor while they have mental capacity, appointing one or more attorneys to act on their behalf if they later lose capacity. LPAs must be registered with the Office of the Public Guardian (OPG) before use. There are two types: property and financial affairs LPA, and health and welfare LPA. The second mechanism is a deputyship order made by the Court of Protection under MCA 2005 s.16. Deputyship arises when a person has already lost capacity and has not made a valid LPA. The court appoints a deputy (usually a family member, professional, or the local authority) to manage property and financial affairs or, more rarely, personal welfare. Deputies are subject to ongoing OPG supervision, must file annual accounts, and are required to take out a security bond. The process is significantly more expensive and time-consuming than registering an LPA.
Side-by-Side Comparison
Lasting Power of Attorney (LPA Attorney)
Pros
- Made by the donor — the donor chooses who will act and can include preferences, guidance, and restrictions in the LPA
- Once registered, quick to deploy — no further court involvement needed when the donor loses capacity
- Lower ongoing cost — no annual OPG supervision fee after registration; no bond required
- Covers health and welfare decisions (LP1H) — deputies for welfare are rarely appointed by the court
Cons
- Must be made while the donor has capacity — once capacity is lost, an LPA can no longer be executed
- Registration takes up to 20 weeks and costs £82 per LPA (fee remission available for low-income donors)
- Attorneys have significant unsupervised power — abuse by attorneys is a real risk, though the OPG can investigate and the Court of Protection can revoke
Best For
Anyone who wishes to plan ahead and ensure their chosen person can manage their affairs if they lose capacity — particularly those with early-stage dementia, serious illness, or as prudent long-term planning.
Court of Protection Deputy
Pros
- Provides authority to manage affairs when no LPA exists and the person has already lost capacity — no alternative in many cases
- Court oversight provides a safeguard — OPG supervises deputies, reducing risk of financial abuse going undetected
- Professional deputies are available where no suitable family member exists
- Court can tailor the order to the specific needs and circumstances of the person
Cons
- Expensive — court application fee (£371 for property and affairs), annual OPG supervision fee (£320 standard), security bond premium (£200–£500+ pa), plus legal costs
- Slow — application to appointment typically takes 6–9 months for a standard deputyship order
- Ongoing administrative burden — annual accounts, annual report, OPG supervision visits
- Health and welfare deputyships are rarely granted — the court prefers to make specific orders for welfare decisions rather than appoint a standing welfare deputy
Best For
Cases where a person has already lost capacity, no valid LPA exists, and someone needs ongoing authority to manage property and financial affairs — typically a family member, solicitor, or local authority.
Key Differences
Our Recommendation
Making an LPA while the donor has capacity is strongly preferable in every case. It is cheaper, faster once registered, and allows the donor to choose their attorney and set parameters. If capacity has already been lost, a Court of Protection deputyship application is unavoidable. Family members or solicitors considering applying for deputyship should seek specialist advice early — the process is slow and costly, and interim orders can sometimes be sought for urgent financial decisions (MCA 2005 s.48).