Lasting Power of Attorney vs Deputyship: Why Planning Ahead Matters

Many people assume that family members can automatically step in and make decisions for them if they become unwell or lose mental capacity. Unfortunately, this is not the case.

Without a Lasting Power of Attorney (LPA) in place, loved ones may have no legal authority to manage finances or make care decisions. This can lead to delays, stress, and unnecessary costs at what is already a difficult time.

A Lasting Power of Attorney is a legal document made by you while you still have mental capacity. It allows you to appoint people you trust to act on your behalf if you are ever unable to do so yourself.

There are two types of LPA. A Property and Financial Affairs LPA allows your attorneys to manage money, pay bills, deal with property, and cover care costs. A Health and Welfare LPA enables them to make decisions about medical treatment, care, and where you live.

Registering a Lasting Power of Attorney usually takes around 4–6 months, and once registered it can be used when needed.

What happens if there is no LPA in place? (Deputyship)

If someone loses mental capacity without an LPA, loved ones usually have to apply to the Court of Protection for a Deputyship order.

This is often slower, typically taking 6–12 months for a simple case, and it can take much longer if the court decides a hearing is needed. During that time, families may be unable to access bank accounts or deal with essential financial matters.

Deputyship is also usually more limited. In many cases it only covers property and financial decisions, and the court decides what powers the deputy will have. Health and welfare deputyships are rare and require court permission.

It is also generally more expensive, with costs potentially including the deputyship application, medical report, court fee, and ongoing fees such as annual supervision and security bond/insurance.

Putting a Lasting Power of Attorney in place is one of the simplest and most effective ways to protect yourself and your loved ones. It allows you to stay in control, reduce stress for your family, and avoid unnecessary involvement with the courts.

Don’t leave important decisions to chance or the Court of Protection.

If you would like to put Lasting Powers of Attorney in place, or review existing documents, please get in touch.