What is the Difference Between a Lasting Power of Attorney and a Deputyship Order?

July 4, 2024

Making plans for your future or for a loved one who has lost mental capacity can feel overwhelming and complex, but understanding your options can help provide you with some much-needed security. Lasting Power of Attorneys and Deputyship Orders are two such options.

There are several crucial differences between a Lasting Power of Attorney (LPA) and a Deputyship Order, including when to apply for the order.

Regardless of whether you are planning for the future or assisting a loved one, it is helpful to know the circumstances in which they apply. We discuss some of the common differences between the two orders in this article.

While we hope this will be helpful, it should not be taken as legal advice. If you need any further support, our family law solicitors will be happy to support you further.

To speak to one of our experts, please contact us today by calling 0800 1584147, emailing info@tayntons.co.uk or requesting a call back.

What is a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that allows you to appoint someone you trust, known as an Attorney, to make decisions on your behalf if you lose mental capacity in the future.

There are two types of Lasting Power of Attorney, one for Health and Welfare, covering decisions about medical care, and one for Property and Financial Affairs, covering financial matters and managing your assets.

Having a Lasting Power of Attorney in place ensures that if you were to lose capacity in the future, someone you trust could make decisions on your behalf, in line with your wishes.

What is a Deputyship Order?

A Deputyship Order is a legal document issued by the Court of Protection appointing a Deputy to make decisions on behalf of an individual who lacks mental capacity and did not arrange a Lasting Power of Attorney.

There are two types of deputyship: Property and Financial Affairs, for managing finances and property, and Personal Welfare, for decisions about healthcare and personal welfare.

Deputies must act in the best interests of the person, adhere to court guidelines, and may be required to report to the Office of the Public Guardian. This ensures that the individual’s needs are managed responsibly.

What are the main differences between a Lasting Power of Attorney and a Deputyship Order?

When the order is made

The main difference between the two orders is timing. A Lasting Power of Attorney is applied for by the individual before mental capacity is lost, whereas a Deputyship Order is arranged by the courts after mental capacity has been lost.

Who is appointed

Under a Lasting Power of Attorney, you can choose multiple Attorneys who can be anyone over the age of 18 to manage your affairs.

With a Deputyship Order, someone can apply to act as a Deputy and the court will decide whether they are suitable. Alternatively, the court may choose to appoint a Local Authority or a professional such as a solicitor.

How long the process takes

A Lasting Power of Attorney can take 8-12 weeks to complete, and once registered, your Attorneys can act for you as soon as needed.

Appointing a Deputy can take much longer. If an individual loses mental capacity without an LPA in place, it could take around 4-6 months to complete the court application.

How much it costs

It costs £82 to register a Lasting Power of Attorney unless you get a reduction or exemption. You can also cancel your LPA if you no longer need it or want to make a new one.

The application fee for a Deputyship Order is £408. If you are applying to become both types of Deputy, you will need to pay double the amount.

What happens if I lose mental capacity without a Lasting Power of Attorney?

If you lose mental capacity without a Lasting Power of Attorney, no one automatically has the legal authority to make decisions on your behalf.

Instead, a family member, friend, or professional must apply to the Court of Protection to become your Deputy. Alternatively, the court will appoint someone to act on your behalf, such as the local authority or a professional, for example, a solicitor.

The court will then issue a Deputyship Order, granting the appointed Deputy the authority to make decisions about your property, finances, or personal welfare.

The Deputy must adhere to court guidelines and act in your best interests, but the situation can be more lengthy and complex than with a pre-arranged Lasting Power of Attorney.

Get in touch with our Court of Protection solicitors

Looking for legal advice and support with a Lasting Power of Attorney or Deputyship Order application in Gloucester, Cheltenham, the Forest of Dean or anywhere in Gloucestershire?

Please contact our Court of Protection solicitors today by calling 0800 1584147, emailing info@tayntons.co.uk or requesting a call back.