LPA or Deputy?
Making the right choice
At some point in the future you may need help with your finances or property matters or with health and welfare decisions.
If you plan ahead, you can appoint someone that you trust to help you with these decisions. This is done by preparing into a lasting power of attorney or LPA.
Or you can wait and see how the future pans out. Of course, you may never need this type of help.
But if you leave it too long and reach the point where you are no longer capable of making decisions for yourself, the only course of action open to your family would be to apply to the Court of Protection for a deputy to be appointed to manage your affairs.
The table below sets out the factors to be considered when deciding whether to enter into a lasting power of attorney now or waiting and having the Court of Protection appoint a deputy to manage your affairs.
For many people the choice comes down to cost. But can you put a price on peace of mind?
| LPA | Deputy | |
| Who can be appointed | You can choose your attorney | The Court has complete discretion to choose the deputy Family members may be refused on grounds of inadequate experience |
| Procedure | Completion of lasting power of attorney and registration form | Full disclosure of all of your assets to the Court Six application forms Medical certificate from doctor Declaration by Deputy |
| Cost | Registration Fee: £82 | At least double the legal costs: Application fee: £400.00 Appointment fee: £125.00 Supervision fee: £80.00 (annual) Security bond: (variable) |
| Time to process (estimate) | 4 to 6 weeks | 4 to 6 months |
| Annual duties | None | Annual reporting Tax returns Office of Public Guardian report |
| Powers | Your attorney generally has full discretion to do what is necessary | Deputy must apply for Court for permissions to take various steps Each application incurs court fees |
| Why wait? | Costs today! | Cost in the future! |