Lasting power of attorney or deputyship: what the difference means for families

If a relative is starting to struggle with their money, there are two routes to letting someone else manage it. The first is a lasting power of attorney, or LPA, which the person sets up themselves while they still have mental capacity. The second is a deputyship, where a family member applies to the Court of Protection after capacity has already gone.

The difference matters most in cost and time. Registering an LPA costs £92 in England and Wales, or £184 for both a financial and a health and welfare LPA registered at the same time¹. A deputyship has no fixed registration fee in the same way, but the court process is described by providers as lengthy and costly, and it can take many months². An LPA can take up to 20 weeks to register⁴.

The choice is often made for you by timing. An LPA has to be signed while the donor still has mental capacity, so if that window has closed, deputyship is the only route left. This page sets out what each one covers, what it costs, how long it takes, and what happens at a bank when you try to use one.

Two types of each: money decisions and health or welfare decisions

Both an LPA and a deputyship come in two versions, and the split is the same in each case: one covers money and property, the other covers health and personal welfare.

For an LPA, there is one type for financial decisions and another for health and care decisions¹. The financial LPA covers property and financial affairs, and the health and welfare LPA covers decisions about medical treatment and care⁶. A donor can make one, the other, or both.

For a deputyship, the Court of Protection can appoint a property and financial affairs deputy or a personal welfare deputy². The court decides which is needed, and a deputy can only act within the authority the court sets out². Deputies have a duty to act in good faith and in the person's best interests².

The practical difference is who chooses. With an LPA, the donor picks the attorney and decides what they can do. With a deputyship, the court decides both, and the person cannot choose who their deputy is².

Costs: £92 to register an LPA, more to go through the court

The LPA registration fee in England and Wales is £92 per LPA, so £184 in total if you register a financial LPA and a health and welfare LPA at the same time¹. This rose from £82, and the higher fee applies to applications received by the Office of the Public Guardian from 17 November 2025⁸.

There is help with the fee. If the person registering the LPA has a low annual income, under £12,000, they may be eligible for a 50% discount, bringing the fee to £46¹. If they receive certain income-related benefits, they will not have to pay anything at all¹. The person registering the LPA can also apply for a reduction if paying the fee would cause hardship⁹.

If an application is rejected, there are three months to apply again and pay a repeat application fee of £46⁸.

A deputyship works differently. There is no equivalent flat registration fee quoted by the sources here, but the process is consistently described as more expensive. One provider describes the family having to apply to the Court of Protection for a deputyship as "a long and costly process"³. Another says getting a deputyship order "can take many months and often at great expense"¹⁰. The court also has ongoing supervision requirements, and the Office of the Public Guardian may ask a deputy to show proof of any money spent from the donor's accounts in an annual report¹¹.

How long each takes: up to 20 weeks for an LPA, longer for a deputyship

An LPA must be registered with the Office of the Public Guardian before it can be used¹². The registration process can take up to 20 weeks to be completed⁴. One source puts the current processing time in England and Wales at 8 to 10 weeks, including a statutory 4-week waiting period¹³. The difference reflects the range of cases and the fact that applications can be held up by errors.

The Office of the Public Guardian only accepts forms by post, so an application should be posted at least a few days before any deadline⁸. Registration can take weeks or months, and the powers can only be used after registration¹⁴.

A deputyship takes longer. The process of applying can take a while, because the court has to make sure it is safeguarding people who can no longer manage their own affairs¹⁵. One provider says a deputyship order can take many months¹⁰. Another describes the process as lengthy and costly².

Setting up an LPA while you still have mental capacity

An LPA is still valid after the donor loses mental capacity, but it has to be set up while they still have it¹⁶. To make one, the donor must be over 18 and able to make their own decisions¹⁷. Someone with dementia can still set one up provided they have the mental capacity to understand the document, their choice of attorneys and the consequences of the decision⁶.

The donor is the person giving away the authority, and the person receiving it is the attorney⁹. A donor can appoint as many attorneys as they like, and replacement attorneys too¹. The document states whether the attorneys must act together, which is called jointly, or whether each can act independently, which is jointly and severally¹⁸.

Forms and an information pack come from the Office of the Public Guardian, and can be downloaded online, ordered by calling 0300 456 0300, or completed through the online service on GOV.UK¹. Either the donor or the attorney can register the LPA⁹.

A financial LPA can be used as soon as it is registered, unless the donor has restricted it to start only if they lose capacity. A health and welfare LPA can only be used once the donor has lost mental capacity¹⁹. An LPA does not expire, though it can be cancelled by the attorney or by the donor while they still have mental capacity²⁰.

Applying to the Court of Protection to become a deputy

If someone loses capacity without an LPA in place, the family must apply to the Court of Protection for a deputyship³. The court will consider whether it is necessary for ongoing decisions to be made on the person's behalf, and whether the person applying is suitable².

A deputyship is used when someone has already lost capacity and there is no valid power of attorney in place²¹. The court can appoint someone as a deputy to make decisions on someone's behalf, and you can apply for a court order to be appointed¹⁵. The deputy must be over 18²².

The court decides whether to grant a deputyship order and appoint the person as deputy²⁰. A deputy can only act within the authority set out by the court, and must act in good faith and in the person's best interests². The order is issued by the Court of Protection in England and Wales, and is sometimes called a deputyship order²³.

If an application is urgent, you can apply for an emergency interim order²². This allows a decision to be made before the full application is completed.

A deputyship order lasts only as long as the donor is alive²². If the donor can prove they have mental capacity and the court agrees, the order will end¹¹. To appoint a new deputy, the court will revoke the original order and issue a new one¹¹.

Using an LPA or deputyship order with a bank or savings provider

Banks and building societies do not accept an LPA or a deputyship order automatically. Each provider has its own registration process, and the document usually has to be registered with them before it can be used.

For an LPA, the provider will typically need to see the registered document. NS&I, for example, requires the LPA to be registered with the Office of the Public Guardian before it can be used, and issues a unique access code that lasts for 30 days²⁴. A Court of Protection order should be sealed or bear the blue office copy stamp²⁴.

For a deputyship, the order has to be registered with the provider before it can be used to manage accounts¹¹. Once registered, a deputy can usually access the donor's accounts in branch or at a cash machine, and in some cases online¹¹. A deputy can make payments and transfers in branch and manage regular payments like standing orders¹¹. Some providers may offer a card for the donor's account so the deputy can make withdrawals at a cash machine¹¹.

There are limits. One provider says it cannot give a deputy access to someone else's accounts using its app¹¹. Online access may depend on the deputy having no restrictions set out by the court, acting jointly and severally with any other deputies, being personally named in the order, having their own account with the provider, and not managing a joint account for the donor¹¹.

A deputy must never mix their own money with the donor's money, and cannot use the donor's money to pay for expensive gifts for other people¹¹. The Office of the Public Guardian may ask for proof of any money spent from the donor's accounts in an annual report¹¹.

Scotland and Northern Ireland: guardians and controllers

England and Wales, Scotland and Northern Ireland all have different legal systems for power of attorney⁶. The terminology and the process change at the border.

In Scotland, a deputy is not appointed. Instead, the Sheriff Court can grant a guardianship order or an intervention order²¹. A power of attorney in Scotland can include continuing powers covering financial matters and welfare powers covering personal and healthcare matters⁶. Continuing power of attorney gives attorneys the authority to deal with finances and property²⁵. Powers of attorney executed before 2 April 2001 do not need to be registered with the Office of the Public Guardian in Scotland and continue even if capacity is lost, unless the power states it will lapse²⁴.

In Northern Ireland, the equivalent of a deputy is called a controller²⁴. An enduring power of attorney must be set up while the person has capacity and registered with the Office of Care and Protection if they become incapable²⁶. A Scottish continuing or combined power of attorney, and an enduring power of attorney in Northern Ireland, must be registered with the Office of the Public Guardian in Scotland or the Office of Care and Protection in Northern Ireland before they can be used²⁷.

Some providers cannot accept certain documents across borders. One provider states it cannot accept LPA documents for accounts in Northern Ireland, because LPA documents follow the laws of England and Wales²⁸.

What happens if there is no LPA and no deputyship

If someone loses capacity and nothing is in place, the Court of Protection may need to become involved². The court can appoint a deputy or an appointee²⁹. A deputyship is used when someone has already lost capacity and there is no valid power of attorney in place²¹.

This is the situation the LPA system is designed to avoid. One building society states the reason to have an LPA is "to remove the time and cost associated with a Deputyship application to the Court of Protection"³⁰.

If an enduring power of attorney was signed and witnessed before October 2007, it may still be usable. The person can either continue to use it or cancel it and set up a property and financial affairs LPA³¹. If they lose mental capacity, the attorney must register the EPA to start or continue using it³¹. An EPA can be used while the person still has mental capacity, even if it is not registered³².

If an LPA was signed while the donor still had mental capacity but they have since lost it, the attorney can register the LPA for them³³.

Where to get help

Free, impartial help is available. The Office of the Public Guardian handles LPA registration and can advise on fees and exemptions¹. The Court of Protection handles deputyship applications¹⁵. The Financial Ombudsman Service can look at complaints about how a bank or financial firm has handled a power of attorney or deputyship²⁹.

For debt problems connected to managing someone else's money, StepChange offers free debt advice⁷. Age UK provides guidance on powers of attorney and what to do when someone dies¹. The government's own guidance on using or cancelling an enduring power of attorney is at GOV.UK³¹.

If you are worried about how a deputy is acting, you can raise concerns with the Office of the Public Guardian, which supervises deputies and can ask for proof of spending¹¹. A deputy can only act within the authority set out by the court and must act in good faith and in the person's best interests².