A Lasting Power of Attorney is meant to be arranged in advance, while someone still has mental capacity to make it. When capacity is lost without one in place — after a stroke, a serious accident, or a condition affecting decision-making — there’s no shortcut back to that option. The remaining route is applying to the Court of Protection to become a deputy, and it’s a slower, more formal and more expensive process than an LPA by design.
The two types of deputy
GOV.UK guidance describes two distinct deputy roles. A property and financial affairs deputy handles practical financial matters — paying bills, managing income, dealing with a pension or property. A personal welfare deputy makes decisions about someone’s medical treatment and care arrangements, and GOV.UK notes this type of deputy is typically only appointed where there’s genuine uncertainty about what’s in the person’s best interests, such as a disagreement between family members about care, or an ongoing decision that needs to be made repeatedly rather than once. Because personal welfare decisions can usually be made under the Mental Capacity Act’s best-interests framework without a deputy, personal welfare deputyships are granted far less often than financial ones.
Who can apply, and what the court checks
Anyone aged 18 or over can apply to be a deputy, most commonly a close family member, though a professional (such as a solicitor) can also be appointed, particularly for complex financial affairs. The Court of Protection considers objections to the appointment, checks the applicant meets the basic requirements, and assesses whether the person genuinely needs a deputy at all, rather than some lighter-touch form of help such as an appointeeship for benefits income alone.
The application process and current fees
The application itself involves completing paper forms, including an assessment of the person’s mental capacity carried out by a professional such as a doctor or social worker, submitted to the Court of Protection by post. GOV.UK’s current fee guidance sets the standard application fee at £432, payable again if applying for both deputy types together. Once appointed, deputies must also pay an annual supervision fee, which GOV.UK sets at £320 for general supervision or £35 for minimal supervision (available to some property and affairs deputies managing smaller estates, generally under £21,000), plus a one-off £100 assessment fee for new deputies. Fee remission or exemption may be available depending on the person’s financial circumstances, and it’s worth checking current eligibility before assuming the full fee applies.
What happens after appointment
Once appointed, a deputy receives a court order setting out exactly what they can and cannot do — deputyship isn’t unlimited authority, and acting outside the order’s scope can be challenged. Financial deputies are also usually required to take out a security bond (a form of insurance protecting the person’s estate), and must submit an annual deputy report to the Office of the Public Guardian, accounting for decisions made and money managed on the person’s behalf. The Office of the Public Guardian can and does investigate concerns raised about a deputy’s conduct.
Why this differs so much from having an LPA in place
An LPA registered in advance lets someone choose their own attorney while they still have capacity, at a fraction of the cost and without ongoing court supervision in the same way. Deputyship exists precisely because that window has already closed by the time it’s needed — the court, rather than the person themselves, is deciding who takes on the role, which is part of why the process is slower and more tightly supervised.
FAQs
How long does a deputyship application take?
It varies significantly by case complexity and court workload, but it commonly takes several months from application to a final order, which is one of the practical reasons advance planning with an LPA is generally recommended over relying on deputyship.
Can more than one person be appointed as deputy?
Yes, the court can appoint joint deputies (who must act together) or deputies to act jointly and severally (who can act independently), and can also appoint a panel deputy such as a solicitor where family circumstances make that more appropriate.
Does deputyship end automatically?
A deputyship order can be time-limited or ongoing, and it ends if the person regains capacity, dies, or the court otherwise ends the order — it isn’t necessarily permanent by default.
Bottom line
Deputyship is the fallback when capacity is lost without an LPA already in place, not an equivalent alternative to one. It works, but it’s slower, costs more upfront and annually, and puts the court — not the family — in charge of who’s appointed and what they’re allowed to do.