If you lose mental capacity — through illness, accident, or age — someone needs to be able to make decisions on your behalf. There are two ways this can happen: through a Lasting Power of Attorney (LPA) or through a Court of Protection Deputyship. The difference in cost, time, and stress is enormous.
An LPA is set up while you still have capacity. You choose who you want to act on your behalf, what powers they have, and any restrictions or preferences. It's a proactive, empowering document that puts you in control.
A Deputyship is applied for after you've already lost capacity. Your family must apply to the Court of Protection, which can take 4-6 months and cost £3,000-£5,000 or more. The court decides who becomes your deputy — it may not be who you would have chosen.
In 2026, the Court of Protection continues to face significant backlogs. Complex deputyship applications can take up to 12 months, during which time your family may be unable to access your bank accounts, sell property, or make important decisions.
Deputies also face ongoing costs and supervision. An annual supervision fee of £320 is payable to the OPG, and deputies must submit annual reports. These requirements don't apply to LPA attorneys.
The cost comparison is stark: an LPA costs around £150-£300 plus a £82 registration fee. A deputyship costs £3,000-£5,000 initially, plus ongoing annual fees.
At Castle Family Legal, we strongly recommend setting up LPAs while you are fit and well. It's one of the most cost-effective and important steps you can take. Contact us today.
