Estate Planning UK 2026 — Wills, LPA, Probate and Inheritance Tax Guide

Lasting Power of Attorney vs Deputyship — Which Do You Need?

The differences between a Lasting Power of Attorney and a Court of Protection Deputyship, when you need each, costs, and how to set them up.

· · 4 min read

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If you lose the ability to make your own decisions — through illness, accident, or age — someone needs legal authority to act for you. The two routes are a Lasting Power of Attorney (set up in advance) and a Deputyship (arranged after the fact). Setting up an LPA while you can is far easier, cheaper, and gives you control.

Quick Comparison

Feature Lasting Power of Attorney (LPA) Deputyship
When set up While you have capacity After capacity is lost
Who chooses your representative You The court
Cost to set up £82 per LPA registration (+ solicitor fees if used) £371 application + solicitor fees (£1,000–£3,000+)
Ongoing costs None Annual supervision fees (£320–£775)
Time to arrange 8–12 weeks to register 4–6+ months through court
Court involvement Minimal — registration only Full court application and ongoing oversight
Flexibility You design it Court sets the terms

Lasting Power of Attorney (LPA)

Types of LPA

Type What it covers When it can be used
Property and Financial Affairs Bank accounts, bills, selling property, investments, tax Can be used immediately or only when you lose capacity (your choice)
Health and Welfare Medical treatment, care, daily life decisions Only when you lose capacity

You can set up one or both. Most people set up both.

Who’s Involved

Role Who they are
Donor You — the person setting up the LPA
Attorney The person(s) you choose to make decisions
Certificate provider Someone who confirms you understand the LPA and aren’t being pressured
Office of the Public Guardian (OPG) Registers and oversees LPAs

Costs

Item Cost
Registration fee (per LPA) £82
Both LPAs registered £164
Solicitor (per LPA) £300 – £600
Solicitor (both LPAs) £600 – £1,200
DIY (using OPG online tool) Free + £164 registration
Fee exemption Available if income below £12,000 or on qualifying benefits
Fee remission 50% reduction if income below £18,000

How to Set Up an LPA

  1. Decide which types you need (financial, health, or both)
  2. Choose your attorney(s) — trusted people over 18
  3. Decide how attorneys act — jointly, severally, or jointly for some decisions
  4. Choose a certificate provider — someone who knows you well or a professional
  5. Complete the LPA forms — online at GOV.UK or with a solicitor
  6. Sign the documents — in the correct order (donor, certificate provider, attorneys)
  7. Register with the OPG — send forms and fee. Takes 8–12 weeks
  8. Store safely — give certified copies to attorneys and keep the original safe

Court of Protection Deputyship

When It’s Needed

A Deputyship is only needed when someone has already lost mental capacity and did not set up an LPA.

Situation LPA possible? Deputyship needed?
Person has capacity Yes — set up an LPA now No
Early dementia (capacity present) Possibly — get capacity assessed No (if LPA completed in time)
Person lacks capacity, no LPA exists No Yes
Person lacks capacity, LPA registered No No — LPA applies

Types of Deputy

Type What they manage
Property and Affairs Deputy Finances, bills, property — most common
Personal Welfare Deputy Health and care decisions — granted less frequently

Costs

Item Cost
Application fee £371
Court hearing fee (if needed) £500
Assessment / capacity report £300 – £800
Solicitor fees £1,000 – £3,000+
Security bond (insurance) £100 – £400/year
OPG annual supervision fee £320 – £775/year
Total first-year costs £2,000 – £5,000+

Ongoing Requirements

Requirement Detail
Annual report Deputy must submit a financial report to the OPG each year
Annual supervision fee Charged by the OPG — £320 to £775 depending on level
Security bond Must be maintained throughout the deputyship
Best interests All decisions must be in the person’s best interests
Keep records Detailed records of all financial decisions

How to Apply

  1. Obtain a medical assessment confirming the person lacks capacity
  2. Complete COP1 application form and COP3 assessment form
  3. Notify the person and relevant family members
  4. Submit to the Court of Protection with fees
  5. The court decides — may hold a hearing
  6. If approved, you receive a court order appointing you as deputy
  7. Register with the OPG and obtain the security bond

Why Setting Up an LPA Now Is Important

If you set up an LPA If you don’t
£164 total cost (DIY) £2,000–£5,000+ for deputyship
8–12 weeks to register 4–6+ months through court
You choose your attorneys Court appoints a deputy
No ongoing fees £320–£775/year supervision
Simple and private Court-supervised process

Summary

Feature LPA Deputyship
Set up while you have capacity Yes No — only after capacity lost
You choose your representative Yes Court decides
Cost £82–£600 per type £2,000–£5,000+
Ongoing fees None £320–£775/year
Time 8–12 weeks 4–6+ months
Court oversight Minimal Full supervision
Recommendation Set up LPA now Last resort

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Sources

  1. GOV.UK — Lasting power of attorney