In the UK, there are two main ways in which someone can be authorised to make decisions for a person who lacks mental capacity: a Lasting Power of Attorney (LPA) and a Court of Protection deputy. They are fundamentally different in how they are created, who controls them and how much they cost.
Two routes to legal authority
When someone can no longer make decisions for themselves, someone else needs to be legally authorised to act on their behalf. In England and Wales, there are two main options (1):
- Lasting Power of Attorney (LPA) – set up in advance by the person themselves while they still have capacity
- Court of Protection deputy – appointed by the court after the person has already lost capacity
The right option depends on timing. If the person still has capacity, an LPA is almost always better. If they have already lost capacity and never made an LPA, a deputy must be appointed by the court.
Lasting Power of Attorney – planned in advance
An LPA is a legal document that lets someone – called the donor – appoint one or more trusted people (attorneys) to make decisions on their behalf if they lose capacity in the future.
There are two types of LPA:
- Property and financial affairs LPA – covers bank accounts, property, bills and financial decisions
- Health and welfare LPA – covers medical treatment, care arrangements and day-to-day welfare
An LPA must be registered with the Office of the Public Guardian (OPG) before it can be used. Registration currently takes several weeks. The donor retains full control while they have capacity and can revoke the LPA at any time.
Key advantages of an LPA:
- The donor chooses who acts for them
- Attorneys can act as soon as the LPA is registered (for property/finance, if the donor agrees, even while they still have capacity)
- Cheaper and simpler than deputyship in the long run
- No court involvement needed
Court of Protection deputy – appointed after loss of capacity
A property and financial affairs deputy is appointed by the Court of Protection when someone has already lost capacity and has not made an LPA. The court decides who acts as deputy and sets out their powers in a court order.
Key characteristics of deputyship:
- Applied for through the Court of Protection
- Takes longer and costs more than making an LPA
- The deputy must submit an annual report to the Office of the Public Guardian
- Powers are strictly defined by the court order
- The deputy cannot act beyond what the order allows without returning to court
Side-by-side comparison
|
Lasting Power of Attorney |
Court of Protection deputy |
| Set up by |
The person themselves |
The court |
| When |
While the person has capacity |
After the person has lost capacity |
| Who chooses |
The donor |
The court (usually proposes a family member) |
| Cost |
One-off registration fee |
Court fees + annual supervision fee |
| Annual reporting |
Not required |
Required (deputy report to OPG) |
| Flexibility |
High |
Limited by court order |
| Preferred option |
Yes, where possible |
When no LPA exists |
What if neither exists?
If there is no LPA and no deputy, and a one-off decision needs to be made urgently, it is possible to apply to the Court of Protection for a single-decision order. This is more expensive and slower, and is not a substitute for a deputy or LPA for ongoing decision-making.
Personal safety regardless of route
Whichever form of authority is in place, the person acting – whether attorney or deputy – has a practical responsibility to ensure the person’s daily life is as safe as possible. A private personal alarm with GPS and automatic fall detection is a straightforward step that both attorneys and deputies routinely take to protect the person between care visits.
