LPA vs deputyship
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
An LPA is chosen by you while you can still decide. Deputyship is chosen for you by a court once you can't.
The key difference
A Lasting Power of Attorney is made by the person themselves, while they have mental capacity. They pick their attorneys and can write preferences and instructions. A deputy is appointed by the Court of Protection after capacity has been lost, and the court decides who acts and on what terms.
Side by side
| LPA | Deputyship | |
|---|---|---|
| Who chooses the decision-maker | You | The court |
| When it can be made | While you have capacity | Only after capacity is lost |
| Typical upfront cost | £92 OPG fee per LPA, plus any preparation fee | Court application fee, often legal fees, plus a security bond |
| Ongoing costs | None | Annual supervision fees and yearly reports |
| Typical time | Weeks to a few months to register | Often many months |
| Health decisions | Covered by a health and welfare LPA | Rarely granted to deputies |
Why families end up with deputyship
- A sudden stroke, accident or rapid decline before an LPA was made.
- Assuming a spouse or next of kin automatically has legal authority — they don't. See what happens without an LPA.
- Waiting until a dementia diagnosis has progressed too far. See LPA after a dementia diagnosis.
A diagnosis is not automatically too late
Capacity is decision-specific. Many people with an early diagnosis can still make a valid LPA. The certificate provider confirms they understand what they are signing.
Common questions
Can a deputy make health decisions?
Personal welfare deputies are only appointed in limited cases. Most deputyships cover property and finance only, which is one reason a health and welfare LPA is so valuable.
Can I make an LPA for my parent who has already lost capacity?
No. Only the person themselves can make an LPA. If they no longer have capacity, deputyship is usually the route.
Read next
Where this fits
This page is part of Disputes and safeguards. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- Solicitor, GOV.UK or online?
An honest comparison, including when you genuinely should pay a solicitor.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Ready to make your LPA?
Choose one LPA or both, then start online for £49 per LPA.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group