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LPA Property vs LPA Health & Welfare vs Deputyship

Mental capacity arrangements in England and Wales fall into three categories. The cost and time difference between them is enormous — making LPAs while you can is hugely valuable.

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FeatureLPA: Property & AffairsLPA: Health & WelfareCourt Deputy
Made byYou while you have capacityYou while you have capacityThe 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 register8-10 weeks8-10 weeks4-9 months
When effectiveOnce registered — can be used immediately if you want, or only on loss of capacityOnly on loss of capacityOn appointment by court order
Who chooses the attorney/deputyYouYouThe court (after family input)
Covers financial decisionsYes (Property & Affairs deputy)
Covers health/care decisionsOnly if Personal Welfare deputy granted (rare)
Ongoing supervisionOPG can investigate complaintsOPG can investigate complaintsAnnual 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.

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.