England & Wales ONLY • Scotland & Northern Ireland differ • Plain English
This is general legal information, not legal advice.

Deputyship vs LPA Explained (England & Wales)

The capacity test • lasting power of attorney • Court of Protection deputyship • fees • supervision • advance decisions
Quick summary: one rule decides which route you are on. You can only make a lasting power of attorney while you still have mental capacity. Once capacity is gone, the only route left is a Court of Protection deputyship.
An LPA is chosen by you, in advance, and costs £92 to register. A deputyship is granted by a court, after the fact, costs £432 to apply for, and comes with permanent supervision and an annual report. This page explains the capacity test, both routes, and what each one actually involves.
Specialty: England & Wales mental-capacity planning focused on the timing decision — which route is still open to you, what each one costs and controls, and what “next of kin” does not get you.
If a parent is becoming confused, if a bank has refused to speak to you, or if someone has had a stroke or a brain injury and nothing was ever put in place, this page tells you where you stand.
Start here (free)
Start Free Chat →
Login required • Confidential • England & Wales legal information support
Which route is open
LPA vs deputyship
Costs & timing
Bank refused access
Best for people saying:
  • “Mum’s memory is going — is it too late for an LPA?”
  • “The bank won’t talk to me and I’m her son.”
  • “Do I need a deputyship or a power of attorney?”
  • “We signed an LPA years ago but never sent it off.”
  • “What does the Court of Protection actually cost?”
  • “Can I make decisions about Dad’s care as well as his money?”
You can start with one paragraph. We’ll ask only what’s needed.

How to work out where you stand

Three steps — check capacity, check what already exists, then pick the route.
1) Does the person still have capacity?
Capacity is decision-specific and time-specific. Someone may lack capacity for a complex property sale but have it for everyday choices.
Start from the assumption that they do.
2) Is anything already in place?
A registered LPA, or an older Enduring Power of Attorney. A deputy is needed where no such instrument exists, or where it does not cover the decision.
Signed but never registered counts as nothing.
3) Choose the route that is still open
Capacity intact → make and register an LPA now. Capacity lost and nothing in place → apply to the Court of Protection.
You do not get to choose both.

The capacity test — and the two principles people ignore

Everything on this page turns on this. Get it wrong and you pick the wrong route.
You must assume a person has capacity unless it is proved otherwise, and wherever possible you must help them make their own decision first. Critically, a person is not to be treated as lacking capacity just because they make an unwise decision — disagreeing with a choice is not evidence that someone cannot make it.
The test has two stages:
  • Stage 1. Is there an impairment of, or disturbance in, the functioning of the mind or brain — through illness, alcohol, drugs or other external factors?
  • Stage 2. Is the person unable to do one or more of: understand the relevant information, retain it long enough to decide, use or weigh it as part of deciding, or communicate the decision in any way?
Capacity is decision-specific and time-specific, and it can come back. A best-interests process must consider whether capacity might return, enable the person to take part, explore their past and present wishes, beliefs and values, avoid discriminatory assumptions, and consult carers, relatives, friends, attorneys and court-appointed deputies.
Any decision made for someone who lacks capacity must be in their best interests and the least restrictive of their basic rights and freedoms.
Source: NHS guidance on the Mental Capacity Act, checked 8 August 2026. We quote no statutory section numbers here.

The LPA route — you choose, in advance

Two separate instruments, two forms, two fees.
Health and welfare LPA (form LP1H)
GOV.UK: it can only be used when you are unable to make your own decisions. It sits dormant until then.
Property and financial affairs LPA (form LP1F)
GOV.UK: it can be used as soon as it is registered, with your permission. It does not require loss of capacity first.
The rule that decides everything: you must be 18 or over and have mental capacity when you make your LPA. You cannot make one after capacity is lost. That single sentence is what forces families into a deputyship application instead.
The LPA must be signed by the donor, the attorneys, witnesses and a certificate provider — the person who confirms you are making it by choice and understand what you are doing. Everyone signs the original document.
Then it must be registered. GOV.UK states plainly that you must register your LPA or your attorney will not be able to make decisions for you. Registration costs £92 per LPA, or £184 for both types, and takes 8 to 10 weeks where there are no mistakes in the application. Anyone named as a “person to notify” on form LP3 has 3 weeks to raise concerns with the Office of the Public Guardian. Form LPA120 is the help-with-fees form; LP12 is the official guide.
Ending an LPA. To cancel one, the donor sends the OPG the original LPA plus a deed of revocation, signed, dated and witnessed — and GOV.UK is clear that you must be able to make your own decisions when you end your LPA. It also ends automatically if the attorney loses capacity or dies, divorces the donor or ends a civil partnership with them, becomes bankrupt or gets a Debt Relief Order (property and financial affairs only), is removed by the court, or if the donor dies. Replacement attorneys, or attorneys appointed jointly and severally, can keep it alive.

The deputyship route — the court chooses, afterwards

Slower, dearer, supervised for as long as it lasts.
A deputy is someone authorised by the Court of Protection to make decisions on behalf of a person who cannot make them themselves. A deputy is needed where there is no LPA or EPA already in place, or where the existing instrument does not cover the decision. As with LPAs there are two types: property and financial affairs, and personal welfare.
Personal welfare deputyship is uncommon. GOV.UK says the court will usually only appoint one in specific situations — for example where the family disagrees about care, or where ongoing decisions are needed on a particular issue. You cannot become a personal welfare deputy for anyone under 16. The assumption that a deputyship hands you control of a relative’s care decisions is often wrong.
Published fees (GOV.UK, checked 8 August 2026): £432 to apply; £100 hearing fee if the court decides the case needs a hearing; £100 new deputy assessment fee; £320 a year for general supervision; £35 a year for minimal supervision. Property and affairs deputies may also have to pay to set up a security bond — GOV.UK does not publish an amount, because it varies with the estate and the sums controlled.
Supervision is ongoing, not a one-off. All new deputies are on general supervision for their first year. Minimal supervision is available to property and affairs deputies after year one only if they are managing less than £21,000 and no longer need general supervision — a reduced fee and a shorter annual report. Every deputy must send an annual deputy report to the Office of the Public Guardian setting out the decisions they have made. An attorney under a registered LPA has no equivalent published annual reporting duty.
The Court of Protection also decides capacity questions, makes one-off decisions, hears urgent applications, deals with LPA and EPA registrations and objections, considers applications for statutory wills or gifts, and rules on deprivation of liberty matters. It sits in London with regional hubs at Leeds, Newcastle, Manchester, Reading, Bristol, Cardiff and Birmingham.
We state no timescale for a deputyship application — GOV.UK publishes no figure on the pages checked. It is materially slower than registering an LPA.

Side by side: LPA vs deputyship

England & Wales. Fees checked 8 August 2026.
Lasting power of attorney
  • Made only while you still have capacity
  • You choose the attorneys and the replacements
  • £92 to register, £184 for both types
  • 8 to 10 weeks, plus a 3-week notification window
  • No court application, no hearing
  • No published annual reporting duty
  • Can be revoked by you while you have capacity
Court of Protection deputyship
  • Used after capacity is lost with nothing in place
  • The court decides who is appointed
  • £432 to apply, £100 assessment, possible £100 hearing
  • £320 a year general supervision, £35 minimal
  • Possible security bond — amount not published
  • Annual deputy report to the OPG
  • Personal welfare deputyship is only granted in specific situations
Four things people get wrong
  • “We’ll sort the LPA when Mum gets worse.” By then she may not have capacity, and the only route left is the court — which also picks the decision-maker.
  • Signing the LPA and filing it in a drawer. Unregistered means unusable.
  • Assuming “next of kin” or being a spouse is enough. There is no such automatic authority. It is an attorney under a registered LPA, or a deputy under a court order.
  • Assuming one LPA covers everything. Health and welfare and property and financial affairs are two separate instruments, two forms and two £92 fees.

The third document: an advance decision to refuse treatment

Neither an LPA nor a deputyship — a refusal made by you, in advance.
An advance decision to refuse treatment is legally binding if made by someone aged 18 or over with mental capacity at the time, made voluntarily, specifying clearly which treatments are refused and in what circumstances, and not contradicted by later statements or actions. A valid and applicable advance decision takes precedence over decisions others would otherwise make in the person’s best interests.
Refusing life-sustaining treatment needs extra formalities. It must be in writing, signed by you, signed by a witness, and must contain an explicit statement that it applies even if refusal could result in death. Miss any of those and the refusal of life-sustaining treatment will not stand.
Source: NHS guidance, checked 8 August 2026. If you have both an advance decision and a health and welfare LPA, take advice on how they interact — we do not state a priority rule here.

Where this page applies — and where it does not

Read this before you use any form code or fee above.
Every form code, fee, supervision level and court named on this page is England and Wales only. An LP1H or LP1F is not valid in Scotland or Northern Ireland, and a deputyship order is an order of the England and Wales Court of Protection.
  • Scotland uses a continuing power of attorney and a welfare power of attorney, registered with the Office of the Public Guardian (Scotland). There is no Scottish “LPA” and no Court of Protection in Scotland. Take separate Scottish advice.
  • Northern Ireland uses an Enduring Power of Attorney, and the High Court’s Office of Care and Protection handles registration and oversight — not the OPG or the Court of Protection.
  • Ireland, the United States, Australia and Canada are separate systems again. A US guardianship or conservatorship is not a deputyship, and US rules vary state by state.
Create your capacity planning comparison note free with AI Lawyer
Your Free Legal Starter plan is free forever and includes 1 document build and 25 legal & business questions. Answer a few plain-English questions and AI Lawyer drafts your capacity planning comparison note — then download it and have it checked before you rely on it.
Free Legal Starter • £0 forever • 1 document build • 25 Q&A • Login required
A generated draft is a starting point, not legal advice. Have it reviewed before you sign, send or file it.
What AI Lawyer will not produce: an LPA or a deputyship application. A lasting power of attorney is only valid on the Office of the Public Guardian’s own form (LP1H or LP1F) and only once registered, so a generated version would be worthless. The comparison note sets out which route is open to you, who you would appoint, what it costs and what to prepare — so the real forms take an afternoon rather than a month.

Long FAQ (deputyship vs LPA, England & Wales)

Tap to expand. Plain English, England and Wales only.
1) What is the difference in one sentence?
An LPA is made by you in advance while you still have capacity and you choose your attorneys; a deputyship is granted by the Court of Protection after capacity is lost and the court chooses who is appointed.
2) Mum has early dementia. Is it too late for an LPA?
Not necessarily. Capacity is decision-specific and you must assume she has it unless proved otherwise. A diagnosis is not the same as lacking capacity to make an LPA. Get proper advice quickly, because the window can close.
3) He makes decisions I think are foolish. Does that show he lacks capacity?
No. A person is not to be treated as lacking capacity just because they make an unwise decision. That principle exists precisely to stop families overriding choices they dislike.
4) What is the actual capacity test?
Two stages. First, is there an impairment of or disturbance in the functioning of the mind or brain? Second, is the person unable to understand the relevant information, retain it long enough to decide, use or weigh it, or communicate the decision in any way?
5) I’m her son. Can’t I just deal with the bank?
No. There is no automatic “next of kin” authority over someone’s money in England and Wales. You need to be an attorney under a registered LPA or a deputy under a Court of Protection order.
6) We signed an LPA in 2019 but never sent it off. Is it valid?
GOV.UK is explicit: you must register your LPA or your attorney will not be able to make decisions for you. Register it, and allow 8 to 10 weeks. Older instruments — LPA114 or LPA117 correctly signed by 1 January 2016, and LP PW or LP PA correctly signed by 1 April 2011 — still exist but need separate registration.
7) What does each route cost?
Registering an LPA costs £92, or £184 for both types. A deputyship application costs £432, plus a £100 new deputy assessment, a £100 hearing fee if the court decides one is needed, and annual supervision of £320 (general) or £35 (minimal). A property and affairs deputy may also have to pay for a security bond — GOV.UK publishes no figure for it. Fees checked 8 August 2026.
8) Can I be a deputy for my father’s care decisions, not just his money?
Possibly, but personal welfare deputyship is uncommon. The court usually only appoints a personal welfare deputy in specific situations, such as family disagreement about care or a need for ongoing decisions on a particular issue.
9) Does supervision ever stop?
All new deputies are on general supervision for their first year. Property and affairs deputies can move to minimal supervision after that only if they are managing less than £21,000 and no longer need general supervision. Every deputy sends an annual report to the Office of the Public Guardian.
10) Can I use a health and welfare LPA while the donor still has capacity?
No — GOV.UK says it can only be used when the donor is unable to make their own decisions. A property and financial affairs LPA is different: it can be used as soon as it is registered, with the donor’s permission.
11) Can an LPA end without anyone cancelling it?
Yes. It ends automatically if the attorney loses capacity or dies, divorces the donor or ends a civil partnership with them, becomes bankrupt or gets a Debt Relief Order (property and financial affairs only), is removed by the Court of Protection, or if the donor dies. Replacement attorneys, or attorneys appointed jointly and severally, can keep it alive.
12) Where does the Court of Protection sit?
In London, with regional hubs at Leeds, Newcastle, Manchester, Reading, Bristol, Cardiff and Birmingham. It also decides capacity questions, makes one-off decisions, hears urgent applications, deals with LPA and EPA objections, considers statutory wills and gifts, and rules on deprivation of liberty matters.
13) Should I speak to a solicitor?
Yes, where capacity is genuinely borderline, where the family disagrees about who should act, where a business or a large estate is involved, or where you suspect an existing attorney is acting improperly.
Find out which route is still open to you
Your Free Legal Starter plan includes 1 document build and 25 questions, free forever. Build your capacity planning comparison note, then act on it while the cheaper route is still available.
Create it free with AI Lawyer →
Login required • Confidential • England & Wales legal information support
This is general legal information, not legal advice.