Applying for deputyship v lasting power of attorney

When to apply for lasting power of attorney

A person must have mental capacity in order to create a lasting power of attorney (LPA). It is best to do it as early as possible in adulthood, particularly when major life decisions have been made e.g. marriage, purchasing a property etc. People should not wait until they develop dementia, a stroke etc., because once a person loses the capacity to make the decision to create an LPA, it is necessary for a deputyship application to be made.

Applying for LPA allows a person (the donor) to make their wishes clear which includes who they designate to act on their behalf once they are no longer able to make their own decisions. The process is cheaper and quicker than applying for deputyship, and gives the donor some control over their future.

When to apply for deputyship

If a person has advanced dementia or a brain injury preventing them from making decisions, and thus lacks the capacity to create an LPA, it is necessary to apply for deputyship to the Court of Protection. Loved ones and carers will usually be aware of when it is appropriate to apply for deputyship rather than LPA.

The incapacitated person will not have the power to decide who the deputy will be, which can be problematic if disagreements arise amongst family members. In such cases a judge is the decision - maker. The application process is also more cumbersome, time consuming and expensive than applying for LPA. Deputyship, once granted by the Court of Protection, requires the payment of an annual fee unlike LPA.