Deputyship vs LPA England
Families searching for "deputyship vs LPA" are usually asking one real question: is it too late for the cheaper, simpler option? The answer depends entirely on whether your parent still has mental capacity today.
The Core Difference
A Lasting Power of Attorney is something your parent creates voluntarily while they still have the mental capacity to understand what they're doing. They choose who acts for them and on what terms.
A Court of Protection deputyship is what a judge imposes after your parent has already lost capacity. The court decides whether you're suitable, sets the rules, and supervises you for as long as the order remains in force.
Everything else — cost, timeline, reporting burden — flows from that distinction.
Cost Comparison
| LPA (both types) | Deputyship (property & affairs) | |
|---|---|---|
| Application/registration fee | £184 (£92 each) | £432 court fee |
| Capacity assessment | Not required | £100–£300+ (Form COP3) |
| Hearing fee (if disputed) | N/A | £266 |
| One-off assessment fee | None | £100 (OPG) |
| Annual supervision | None | £320 (general) or £35 (minimal) |
| Security bond | None | ~0.075% of the bond value per year |
| Annual reporting | None | Mandatory (Form OPG102) |
A pair of LPAs costs £184 total with no ongoing obligations. A straightforward deputyship costs over £1,000 in the first year and adds £400+ annually after that — indefinitely.
Timeline Comparison
An LPA takes eight to ten weeks from submission to registration, including a mandatory four-week objection window.
A deputyship takes six to twelve months for a clean, uncontested application. If a family member objects or the court requires a hearing, twelve months or more is common.
During the deputyship processing period, your parent's bank accounts stay frozen and you have no authority to manage their finances.
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What You Can and Cannot Do
Both routes grant authority over either finances or health and welfare — but the scope differs in practice.
With an LPA, your parent can add custom instructions and preferences that shape exactly how you exercise authority. A Property and Financial Affairs LPA can be used while your parent still has capacity (with their consent), making it useful for routine bill management as mobility declines.
With a deputyship, the court defines your powers and can restrict them. You must seek court permission for anything outside the scope of the order — selling property at below market value, making gifts beyond customary amounts, providing loans to family members.
Which One Does Your Family Need
If your parent can still understand, retain, and weigh information about the LPA and communicate a decision — even with a dementia diagnosis — you want LPAs. Capacity is decision-specific under the Mental Capacity Act 2005. A diagnosis alone does not disqualify your parent from signing.
If your parent has lost capacity and no valid LPA is in place, deputyship is the route for ongoing authority. There is no shortcut around this.
If you're unsure, a GP capacity assessment (typically £200–£500) can determine whether your parent meets the threshold. If they do, even intermittently, an LPA is still possible and saves your family significant money and time.
The England Lasting Power of Attorney & Deputyship Kit covers both routes with every form, fee, and signing requirement mapped out — so you're not guessing which process applies to your family's situation.
Get Your Free England — Power of Attorney Quick-Start Checklist
Download the England — Power of Attorney Quick-Start Checklist — a printable guide with checklists, scripts, and action plans you can start using today.