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Power of Attorney vs Deputyship UK — What Is the Difference?

Last updated: March 2026 · 5 min read

A Lasting Power of Attorney is arranged by you, in advance, while you still have capacity. A Deputyship is imposed by the Court of Protection after capacity is already lost. The difference in cost and time is enormous.

LPA vs Deputyship — Side by Side

Lasting Power of AttorneyCourt of Protection Deputyship
When set upIn advance, while you have capacityAfter capacity is lost
Who decides?You — choose your attorneysThe court — appoints a deputy
Cost£89 prep + £82 OPG fee£1,000–£3,000+ in legal/court fees
Annual costNone£320+ supervision fee per year
Time to activateImmediate once registered6–9 months minimum
Ongoing supervisionMinimalAnnual reports to the OPG required
Covers healthcare?Yes (Health & Welfare LPA)Property only (usually)

💡 A Deputyship cannot cover health and welfare decisions in most cases. Without a Health & Welfare LPA, medical decisions may be made by clinicians and the state — not your family.

What Happens Without an LPA

If you lose mental capacity without an LPA in place, your family has no automatic legal authority to manage your finances or make decisions on your behalf — even if they are your spouse or adult child. They must apply to the Court of Protection for a Deputyship Order.

During the 6–9 month application period, bills may go unpaid, investments cannot be managed, and property cannot be sold. The process is expensive, stressful, and entirely avoidable.

Why LPAs Are Better

Arrange Your LPA Now — Before You Need It

LPA from £89. Takes 20 minutes. Protects your family from a 6-month, £2,000 court process.

Arrange My LPA →