LPA vs Deputyship Order: Why Planning Ahead Matters

It is important to consider what would happen if you were suddenly unable to make decisions for yourself. You could lose mental capacity through illness, injury or age-related conditions at any time.

A Lasting Power of Attorney (LPA) allows you to choose who you would like to make decisions on your behalf if you no longer can. If you lose capacity without an LPA in place, a family member, friend, professional or, in some cases, the Local Authority may need to apply to the Court of Protection for a Deputyship Order.

Both arrangements allow decisions to be made on your behalf if you have lost capacity, but there are significant differences.

Lasting Power of Attorney (LPA)

There are two types of LPAs which are explained in more detail here. An LPA is only effective once it has been registered with the Office of the Public Guardian (OPG).

If you have LPAs, you can:

• Choose who makes decisions on your behalf about your financial affairs and health and welfare
• Decide how your affairs should be managed by including preferences and instructions
• Provide reassurance and certainty for your family.

Deputyship Order

If you lose capacity without an LPA in place, an application may need to be made to the Court of Protection for a ‘deputy’ to be appointed. The Court ultimately decides who should be appointed to act on your behalf. This may not be the person you would have chosen yourself.

This process is usually:

• More expensive than preparing an LPA
• Time-consuming, with applications often taking many months to be approved
• Stressful for family members seeking appointment as deputy
• Subject to ongoing supervision by the Office of the Public Guardian
• Accompanied by ongoing reporting obligations and annual fees.

Key differences between LPAs and Deputyship Order

• Choice – With an LPA, you decide who will act for you. Under a Deputyship Order, the Court decides who should be appointed
• Timing – An LPA is put in place before it is needed. Deputyship can only be sought after a person has lost capacity, which can lead to delays
• Cost – LPAs are generally less expensive. Deputyship applications involve court fees and ongoing supervision costs
• Administration – Attorneys acting under an LPA face fewer reporting requirements. Deputies are subject to ongoing court and Office of the Public Guardian oversight.

Why Planning Ahead Matters

Putting an LPA in place is about more than preparing for later life. Loss of capacity can affect anyone at any age as a result of an accident, stroke, serious illness, or a progressive condition such as dementia.

Making an LPA provides reassurance that your finances, health, and welfare will be dealt with by someone you know and trust. Without an LPA, those closest to you may face lengthy court proceedings before they can manage your affairs while you lack capacity.

In some cases, where there is no suitable person willing or able to act, the Local Authority may become involved and apply to the Court of Protection for a Deputyship Order. This could result in important decisions being made by a professional deputy who does not know your personal wishes, preferences, or family circumstances as well as a chosen attorney would.

An LPA provides clarity, certainty, and peace of mind for both you and your family, ensuring that practical arrangements are already in place should you lose capacity. By planning ahead, you retain control over who will manage your affairs, rather than leaving that decision to the Court.

Our team of LPA specialists can help

At David Gray Solicitors we can provide more information about making a Lasting Power of Attorney, please contact our specialist team on 0191 232 9547 or contact us. We’ll be happy to provide tailored legal advice based on your individual circumstances. To find out more, understand costs and meet the team visit our dedicated LPA page.