What is the difference between a Lasting Power of Attorney and a Deputy?

A Lasting Power of Attorney (LPA) is set up by you while you still have mental capacity — you choose someone you trust to make decisions if you can't. A Deputyship is appointed by the Court of Protection after someone has already lost mental capacity and didn't set up an LPA. LPAs are quicker, cheaper, and give you control over who acts for you.

How much does Lasting Power of Attorney cost?

Each LPA costs £82 to register with the Office of the Public Guardian. There are two types (health and finance), so registering both costs £164. If you use a solicitor, total costs are typically £300–£600 per LPA (£600–£1,200 for both). Fee exemptions are available if you're on low income or certain benefits.

How much does a Deputyship cost?

A Court of Protection Deputyship application costs £371. You'll also need a bond (insurance policy) and may face annual supervision fees of £320–£775 to the Office of the Public Guardian. Legal costs for a solicitor to handle the application typically run £1,000–£3,000+. It's significantly more expensive than an LPA.

Can I set up an LPA if I already have dementia?

Only if you still have mental capacity to understand what an LPA is, what powers you're giving, and who you're appointing. Early-stage dementia doesn't automatically prevent you from making an LPA — a doctor or solicitor can assess capacity. If someone has already lost capacity, the only option is a Deputyship through the Court of Protection.

Lasting Power of Attorney vs Deputyship — Which Do You Need? | PocketWise

If you lose the ability to make your own decisions — through illness, accident, or age — someone needs legal authority to act for you. The two routes are a Lasting Power of Attorney (set up in advance) and a Deputyship (arranged after the fact). Setting up an LPA while you can is far easier, cheaper, and gives you control.

Quick Comparison

Feature	Lasting Power of Attorney (LPA)	Deputyship
When set up	While you have capacity	After capacity is lost
Who chooses your representative	You	The court
Cost to set up	£82 per LPA registration (+ solicitor fees if used)	£371 application + solicitor fees (£1,000–£3,000+)
Ongoing costs	None	Annual supervision fees (£320–£775)
Time to arrange	8–12 weeks to register	4–6+ months through court
Court involvement	Minimal — registration only	Full court application and ongoing oversight
Flexibility	You design it	Court sets the terms

Lasting Power of Attorney (LPA)

Types of LPA

Type	What it covers	When it can be used
Property and Financial Affairs	Bank accounts, bills, selling property, investments, tax	Can be used immediately or only when you lose capacity (your choice)
Health and Welfare	Medical treatment, care, daily life decisions	Only when you lose capacity

You can set up one or both. Most people set up both.

Who’s Involved

Role	Who they are
Donor	You — the person setting up the LPA
Attorney	The person(s) you choose to make decisions
Certificate provider	Someone who confirms you understand the LPA and aren’t being pressured
Office of the Public Guardian (OPG)	Registers and oversees LPAs

Costs

Item	Cost
Registration fee (per LPA)	£82
Both LPAs registered	£164
Solicitor (per LPA)	£300 – £600
Solicitor (both LPAs)	£600 – £1,200
DIY (using OPG online tool)	Free + £164 registration
Fee exemption	Available if income below £12,000 or on qualifying benefits
Fee remission	50% reduction if income below £18,000

How to Set Up an LPA

Decide which types you need (financial, health, or both)
Choose your attorney(s) — trusted people over 18
Decide how attorneys act — jointly, severally, or jointly for some decisions
Choose a certificate provider — someone who knows you well or a professional
Complete the LPA forms — online at GOV.UK or with a solicitor
Sign the documents — in the correct order (donor, certificate provider, attorneys)
Register with the OPG — send forms and fee. Takes 8–12 weeks
Store safely — give certified copies to attorneys and keep the original safe

Court of Protection Deputyship

When It’s Needed

A Deputyship is only needed when someone has already lost mental capacity and did not set up an LPA.

Situation	LPA possible?	Deputyship needed?
Person has capacity	Yes — set up an LPA now	No
Early dementia (capacity present)	Possibly — get capacity assessed	No (if LPA completed in time)
Person lacks capacity, no LPA exists	No	Yes
Person lacks capacity, LPA registered	No	No — LPA applies

Types of Deputy

Type	What they manage
Property and Affairs Deputy	Finances, bills, property — most common
Personal Welfare Deputy	Health and care decisions — granted less frequently

Costs

Item	Cost
Application fee	£371
Court hearing fee (if needed)	£500
Assessment / capacity report	£300 – £800
Solicitor fees	£1,000 – £3,000+
Security bond (insurance)	£100 – £400/year
OPG annual supervision fee	£320 – £775/year
Total first-year costs	£2,000 – £5,000+

Ongoing Requirements

Requirement	Detail
Annual report	Deputy must submit a financial report to the OPG each year
Annual supervision fee	Charged by the OPG — £320 to £775 depending on level
Security bond	Must be maintained throughout the deputyship
Best interests	All decisions must be in the person’s best interests
Keep records	Detailed records of all financial decisions

How to Apply

Obtain a medical assessment confirming the person lacks capacity
Complete COP1 application form and COP3 assessment form
Notify the person and relevant family members
Submit to the Court of Protection with fees
The court decides — may hold a hearing
If approved, you receive a court order appointing you as deputy
Register with the OPG and obtain the security bond

Why Setting Up an LPA Now Is Important

If you set up an LPA	If you don’t
£164 total cost (DIY)	£2,000–£5,000+ for deputyship
8–12 weeks to register	4–6+ months through court
You choose your attorneys	Court appoints a deputy
No ongoing fees	£320–£775/year supervision
Simple and private	Court-supervised process

Summary

Feature	LPA	Deputyship
Set up while you have capacity	Yes	No — only after capacity lost
You choose your representative	Yes	Court decides
Cost	£82–£600 per type	£2,000–£5,000+
Ongoing fees	None	£320–£775/year
Time	8–12 weeks	4–6+ months
Court oversight	Minimal	Full supervision
Recommendation	Set up LPA now	Last resort