What’s the difference between a lasting power of attorney and deputyship?

If you’ve ever had to help a loved one manage their affairs, you’ve probably come across the terms lasting power of attorney (LPA) and deputyship. Both involve a nominated person or people making important decisions on someone’s behalf, but they’re actually quite different—and understanding the distinction can make a big difference when planning for your future.

In this blog, senior lawyer Lucy Hollands explains the differences.

What is a lasting power of attorney?

A lasting power of attorney is a legal document that someone (called the donor) sets up while they still have mental capacity. It allows them to appoint one or more trusted people (attorneys) to make decisions on their behalf if they lose the ability to do so in the future, for example due to an illness or accident.

There are two types of LPA:

• Health and welfare – this LPA covers decisions about medical treatment, daily care, and where the person lives.
• Property and financial affairs – this includes decisions like managing bank accounts, paying bills, or selling property.

The key factor here is choice. The donor chooses someone they trust to act for them, and they can set out specific instructions or preferences. LPAs must be registered with the Office of the Public Guardian before they can be used.

What is deputyship?

Deputyship comes into play when someone has already lost mental capacity and didn’t set up an LPA. In this case, a family member, friend, or professional must apply to the Court of Protection to become a deputy.

There are also two types:

• Property and financial affairs deputy
• Personal welfare deputy (less common and only appointed in specific circumstances)

The court decides who should be appointed, and deputies are supervised more closely, including submitting annual reports

So, what’s the big difference?

It all comes down to timing and control. An LPA is proactive—you choose your attorney while you’re still able. Deputyship is reactive—someone else steps in after capacity is lost, and it’s more costly, time-consuming, and restrictive.

Life’s uncertainties can be daunting, however having an LPA in place offers reassurance. This vital layer of protection makes things easier for your loved ones should you lose capacity in the future.