Estate Planning UK 2026 — Wills, LPA, Probate and Inheritance Tax GuideLasting Power of Attorney vs Deputyship — Which Do You Need?
The differences between a Lasting Power of Attorney and a Court of Protection Deputyship, when you need each, costs, and how to set them up.
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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 |
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