LPA Property vs LPA Health & Welfare vs Deputyship

There are three ways someone can end up with legal authority to make decisions for another person in England and Wales, and the difference between them comes down to timing. Two are documents you make yourself while you still have capacity, choosing who acts and what they can do. The third is an order the Court of Protection makes after capacity has gone, when you no longer have any say in who is appointed. The gap in cost, delay and control is enormous. This comparison shows exactly how they differ.

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Feature	LPA: Property & Affairs	LPA: Health & Welfare	Court Deputy
Made by	You while you have capacity	You while you have capacity	The court appoints after you lose capacity
Cost	£82 OPG fee	£82 OPG fee	£408 court fee + £320/year supervision + £100-£300/year bond + solicitor fees
Time to register	8-10 weeks	8-10 weeks	4-9 months
When effective	Once registered — can be used immediately if you want, or only on loss of capacity	Only on loss of capacity	On appointment by court order
Who chooses the attorney/deputy	You	You	The court (after family input)
Covers financial decisions			Yes (Property & Affairs deputy)
Covers health/care decisions			Only if Personal Welfare deputy granted (rare)
Ongoing supervision	OPG can investigate complaints	OPG can investigate complaints	Annual report to OPG, security bond, supervision fee

Always make both LPAs while you have capacity. Property & Affairs and Health & Welfare are separate documents. The cost (£164 for both) is small compared to the cost and delay of a future deputyship. Free advice via Age UK and Citizens Advice.

Make both documents while you still can

Deputyship is not an alternative you choose — it is what happens when nobody made the documents in time. The court decides who is appointed, which may not be who you would have picked, and the appointment brings ongoing obligations: annual reports to the Office of the Public Guardian, a supervision fee every year, and usually a security bond. Personal welfare deputyships are granted only rarely, so a family that never made a health and welfare LPA can find nobody has authority over care and treatment decisions at all.

Property and affairs LPA covers money, property, bills and benefits, and can be used with your consent even before capacity is lost.
Health and welfare LPA covers treatment, care and where you live, and only activates once you cannot decide for yourself.
Deputyship is the fallback. Assume it will take months and cost substantially more every year it continues.

The mistake is waiting for a reason. Capacity can be lost suddenly through a stroke, an accident or a rapid illness, and by then the option has gone. Both LPAs must be made and signed while you have capacity, and registration takes months on top, so the useful moment is always earlier than it feels.

Choose attorneys who will actually act, decide whether they must act jointly or can act independently, and name replacements in case someone dies or becomes unwilling.

Frequently asked questions

My relative has already lost capacity. What are our options?

An LPA can no longer be made, so an application to the Court of Protection for deputyship is the route. Property and affairs deputyships are granted routinely; personal welfare deputyships are far less common, and health and care decisions are often instead made by professionals applying the best interests test with family consulted. Expect the application to take months. In the meantime, banks and benefit offices have their own interim arrangements — appointeeship for benefits is a quicker, narrower option worth asking about.

Can one person be both attorney and deputy?

Yes, and it happens where someone made a property and affairs LPA but no health and welfare LPA, leaving a gap the court is asked to fill. The two roles carry different duties: an attorney answers to the terms of the LPA and the Mental Capacity Act, while a deputy must also report annually to the Office of the Public Guardian and comply with the court order's limits. Keep the two sets of records separate and read the court order carefully, because it defines exactly what you may do.

What does the annual supervision actually involve?

Deputies submit a yearly report to the Office of the Public Guardian setting out the decisions made, the money coming in and going out, and any significant changes, supported by bank statements. A supervision fee is payable, and most deputies must maintain a security bond as insurance against loss. Keep records as you go — a simple spreadsheet and a file of statements makes the annual report straightforward. Supervision levels can sometimes be reduced for smaller, simpler estates.

Can family members object to who is appointed?

Yes. The application must be notified to close relatives, who can object, and the court will consider the person's own past wishes, any conflicts of interest, and whether the proposed deputy is suitable. Where there is serious family disagreement the court can appoint a professional deputy instead, whose fees come out of the person's funds. That outcome is expensive and impersonal, which is one more argument for making LPAs early and telling the family who has been chosen and why.

Related guides

Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that lets you appoint one or more people (your 'attorneys') to make decisions on your behalf if you lose mental capacity in future. There are two types: one for property and financial affairs, and one for health and welfare. Making an LPA while you still have capacity is one of the most important planning steps you can take.

7 min

Court of Protection Basics

The Court of Protection is a specialist court in England and Wales that deals with matters affecting adults who lack or may lack mental capacity. It can make declarations about capacity, authorise decisions about property, finances, health, and welfare, and appoint deputies to make ongoing decisions on someone's behalf.

6 min

Deputyship: When Someone Cannot Manage Affairs

If someone loses mental capacity without having made a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA), and decisions need to be made about their finances or welfare on an ongoing basis, it may be necessary to apply to the Court of Protection to appoint a deputy.

6 min

Applying to Become a Deputy at the Court of Protection

When someone loses mental capacity to make their own decisions and has no Lasting Power of Attorney in place, family or others may need to apply to the Court of Protection to be appointed as a deputy. The process takes 4-9 months and costs around £400 in fees plus solicitor charges. The deputy then makes decisions on the person's behalf under the Court's supervision. This guide explains when it's needed, the forms, and the supervision regime.

11 min

Disclaimer

The information on this page was correct at the time of writing. Amounts, thresholds, and rules may change. Always check the latest official guidance.