What is the difference between power of attorney and deputyship?

Full answer

A Lasting Power of Attorney (LPA) is a legal document you make while you still have mental capacity. It appoints attorneys to act for you, in two types: property and financial affairs, and health and welfare. You decide who acts and on what terms, and it must be registered with the Office of the Public Guardian before use. Deputyship applies when someone has already lost the capacity to make decisions and has no valid LPA. A family member or professional applies to the Court of Protection to be appointed deputy. The court decides who is suitable, sets the scope of authority, and the deputy is then supervised by the Office of the Public Guardian, usually with an annual report and a supervision fee. Key differences: choice and control (you pick your attorneys in advance; the court picks or approves a deputy), timing (an LPA is forward planning, deputyship is reactive), cost and speed (deputyship involves court applications and ongoing supervision, so it is generally more expensive and much slower), and oversight (deputies face stricter ongoing scrutiny). Crucially, you can only make an LPA while you still have capacity - once capacity is lost, deputyship is the only route. Who it affects: anyone planning for later life or illness, and families dealing with a relative who can no longer manage finances or health decisions. Setting up an LPA early avoids the time, expense and loss of choice involved in deputyship. There are no rate-card figures here because application and supervision fees are set by the relevant public bodies and can change. Check the current fees and forms on gov.uk before applying, and consider taking legal advice, particularly for the property and financial affairs type where ongoing money management is involved.