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Lasting Power of Attorney Services
LPA vs Deputyship: What's The Difference?
People often hear the terms Lasting Power of Attorney (LPA) and Deputyship and assume they mean the same thing.
They don't.
Both allow someone to make decisions for another person, but they are created in very different ways.
Lasting Power of Attorney (LPA)
• Made before capacity is lost
• You choose who acts for you
• Usually quicker and cheaper
• Gives you control and choice
• Registered with the Office of the Public Guardian
Deputyship
• Applied for after capacity is lost
• The Court decides who will act
• Usually longer and more expensive
• Less personal control
• Appointed by the Court of Protection
When should you apply for an LPA?
You should apply for an LPA:
• While you still have mental capacity
• If you want to choose who will make decisions for you
• If you want to avoid court involvement later
An LPA is a proactive step. It is your choice and your plan.
When is Deputyship needed?
Deputyship is usually needed when:
• Someone has already lost mental capacity.
• They did not create an LPA beforehand.
• Decisions need to be made about their finances, property, health or welfare.
In these situations, a family member or another suitable person can apply to the Court of Protection to become a Deputy.
Why is an LPA usually the better option?
An LPA allows:
• More control
• More choice
• Faster access to support
• Lower costs
• Less stress for family members
Deputyship can be essential where no LPA exists, but it is generally viewed as a backup option when planning ahead was not possible.
Key Message
LPA = Planning ahead.
Deputyship = What happens when no LPA is in place and capacity has already been lost.
Creating an LPA while you can still make your own decisions gives you control over who will help you if the unexpected happens.