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    LPA vs Deputyship: Why Acting Early Saves Your Family Thousands

    24 February 2026 Greg Stevens1 min read

    Summary

    If you lose mental capacity without an LPA, your family faces a costly Deputyship application. Here's the difference and why timing matters.

    Key Takeaways

    • One of the most important differences in estate planning is between a Lasting Power of Attorney (LPA) and a Court of Protection Deputyship Order.
    • An LPA is created while you have mental capacity.
    • A Deputyship Order is what your family must apply for if you lose mental capacity without an LPA in place.
    • The cost difference is dramatic.
    • The time difference is also significant.

    One of the most important differences in estate planning is between a Lasting Power of Attorney (LPA) and a Court of Protection Deputyship Order. The choice between them often comes down to timing.

    An LPA is created while you have mental capacity. You choose your attorneys, set any restrictions or preferences, and register the document with the Office of the Public Guardian. In 2026, LPA registration costs £82 per document and takes 4–6 weeks.

    A Deputyship Order is what your family must apply for if you lose mental capacity without an LPA in place. It requires a Court of Protection application, medical evidence, and often a court hearing.

    The cost difference is dramatic. An LPA typically costs £150–£300 to prepare and register. A Deputyship application costs £371 in court fees alone, plus solicitor fees of £2,000–£5,000, medical report fees of £300–£500, and a mandatory ongoing annual supervision fee of £320.

    The time difference is also significant. An LPA can be registered in 4–6 weeks. A Deputyship application typically takes 4–6 months, during which time nobody may have legal authority to manage the incapacitated person's finances.

    During this gap, bills may go unpaid, direct debits may fail, properties cannot be sold, and care cannot be arranged. For families already dealing with a loved one's illness, this additional stress is avoidable.

    At Castle Family Legal, we offer LPA packages from £150 per document, and we handle the full registration process for you. Don't wait until it's too late — contact us today.

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