Deputyship vs LPA in Wales — Cost, Timeline, and When You Need Each
The Core Difference
A Lasting Power of Attorney is a document you create voluntarily while you still have mental capacity. You choose your own attorneys, set your own instructions, and register the document with the OPG for £92.
A deputyship order is imposed by the Court of Protection after someone has already lost capacity. A judge appoints a deputy (usually a family member, sometimes a professional), sets the scope of their authority, and requires ongoing supervision.
The fundamental distinction: an LPA is something you do before a crisis. A deputyship is what happens because of a crisis.
Cost Comparison
| LPA | Deputyship | |
|---|---|---|
| Application fee | £92 per document | £432 court fee (from 13 July 2026) |
| Two documents/applications | £184 total | £432 court fee per application |
| Capacity assessment | Certificate provider (free or £25–£50 via GP) | COP3 form — private GP or psychiatrist, £100–£300 |
| Ongoing fees | None | £320/year OPG supervision + security bond |
| Solicitor (optional) | £300–£1,000 per LPA | £1,500–£3,000+ for the application |
| Typical total cost | £184–£2,200+ | £2,000–£5,000+ |
The ongoing costs are where deputyship really diverges. The OPG charges an annual supervision fee of £320 for general-level supervision, and the deputy must maintain a security bond (an insurance policy protecting the person's assets against misuse). These costs repeat every year for as long as the deputyship is in force.
Timeline Comparison
An LPA takes 8–12 weeks to register digitally, or 12–16 weeks by paper. This includes a mandatory 4-week statutory objection period.
A deputyship application takes 4–6 months minimum. Contested applications — where family members disagree about who should be appointed — can take longer. During this time, the person's bank accounts are frozen and care decisions are made by clinical teams applying a "best interests" assessment, not by family members.
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What a Deputy Can and Cannot Do
Deputies operate under tighter constraints than LPA attorneys:
- A deputy's authority is limited by the court order (a Health and Welfare LPA can include life-sustaining treatment authority if the donor explicitly grants it)
- A deputy's authority is defined by the court order — it may be limited to specific decisions or specific financial thresholds
- A deputy must submit annual reports to the OPG documenting every financial decision made
- The deputy remains subject to OPG supervision and the court order
An LPA attorney also has duties under the Mental Capacity Act, but the reporting requirements are lighter and the scope of authority is set by the donor, not a judge.
When Deputyship Is the Only Option
If someone has already lost capacity and has no valid LPA or EPA, deputyship is the only route to legal authority. There is no shortcut, no workaround, and no emergency LPA process.
Common scenarios that force families into deputyship:
- A parent has a sudden stroke or accident with no LPA or EPA in place
- Dementia has progressed beyond the point where a certificate provider can confirm capacity, and there is no valid EPA
- A spouse with sole-name bank accounts becomes incapacitated, and the other spouse has no LPA or EPA authority to access funds
- A vulnerable adult is being financially exploited and needs a court-appointed protector
The Prevention Argument
The entire purpose of an LPA is to avoid deputyship. Two registered LPAs cost £184 and take 8–16 weeks to register. A deputyship costs thousands, takes months, involves court proceedings, and removes the person's own choice about who manages their affairs.
The Wales Capacity Protection Toolkit covers both the LPA creation process and the deputyship emergency pathway — but the guide's central recommendation is to get the LPA done while you can still choose.
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