LPA vs Deputyship: Which Do You Need?
If someone loses mental capacity without a Lasting Power of Attorney in place, their family may need to apply for a Deputyship through the Court of Protection. Understanding the difference can save you time, money, and stress.
Key Takeaway
An LPA is created before someone loses capacity. A Deputyship is applied for after someone has already lost capacity. An LPA is faster, cheaper, and gives you more control.
Quick Comparison
Lasting Power of Attorney
- Created while you have mental capacity
- You choose your own attorneys
- Registration takes 8-12 weeks
- One-time registration fee
- No ongoing court supervision
Court of Protection Deputyship
- Applied for after capacity is lost
- Court decides who becomes deputy
- Can take 6+ months to process
- Costs £400+ plus annual supervision fees
- Ongoing court reporting required
Why Create an LPA Now?
You can only create a Lasting Power of Attorney while you have mental capacity to understand what you are signing. Once capacity is lost, it is too late.
Without an LPA, your family would need to apply to the Court of Protection, which is expensive, time-consuming, and stressful during an already difficult time. Learn more about the LPA creation process.
Who Needs an LPA?
Everyone over 18 should consider creating an LPA. It is especially important if you:
- - Own property or have savings
- - Have specific wishes about your medical care
- - Want to choose who makes decisions for you
- - Have a family history of dementia or stroke
Read more: When should I create an LPA?