What’s the Difference Between Deputyship and Lasting Power of Attorney (LPA)? 

Vulnerable Clients
Written By Kiteleys Solicitors

Planning for the future is vital, especially when it comes to managing your affairs in the event of lost mental capacity. Two important legal tools are available: Lasting Power of Attorney (LPA) and Deputyship. Understanding the difference between them can help individuals and families make informed decisions. 

What Is a Lasting Power of Attorney (LPA)? 

A Lasting Power of Attorney is a legal document that allows a person (known as the ‘donor’) to appoint someone they trust (an ‘attorney’) to make decisions on their behalf. This must be done while the person still has mental capacity. 

There are two types of LPA: 

  • Property and Financial Affairs LPA – covering money, property, and bills. 

  • Health and Welfare LPA – covering decisions about medical care, living arrangements, and daily routines. 

LPAs must be registered with the Office of the Public Guardian (OPG) before they can be used. More details can be found on the GOV.UK LPA page. 

What Is Deputyship? 

Deputyship is used when a person has already lost mental capacity and did not make an LPA in advance. In this case, a family member, friend, or professional must apply to the Court of Protection to become a Deputy. 

There are two main types: 

  • Property and Financial Affairs Deputyship 

  • Personal Welfare Deputyship (granted less frequently) 

More guidance is available via the GOV.UK Deputyship page. 

The difference between Lasting Power of Attorney (LPA) & Deputyship

Key differences between Lasting Power of Attorney (LPA) and Deputyship

Why Make an LPA in Advance? 

Setting up a Lasting Power of Attorney in advance offers greater control, lower costs, and reduced stress for loved ones. Once capacity is lost, a Deputyship becomes the only option – a process that is more complex and involves court fees and supervision. 

By making an LPA early, individuals can ensure their affairs are managed by someone they trust, in line with their wishes. 

Expert Legal Advice on LPA and Deputyship 

At Kiteleys Solicitors, our experienced team can guide you through the process of creating a Lasting Power of Attorney or applying for Deputyship. Clear, compassionate legal advice is provided to ensure peace of mind for you and your family. 

To speak to one of our specialists, please contact us today  

 

Kiteleys Solicitors https://www.kiteleys.co.uk
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