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Attorney Vs Deputy

Why having an LPA attorney is better than having a Court of Protection appointed deputy

An attorney for a lady with a Lasting Power of Attorney discussing another patient who has a deputy with control over her health and welfare needs.

LPA attorney vs deputyship

If you make a Lasting Power of Attorney and appoint an attorney or attorneys, it can save time and money in the future, and ensure you are looked after as you would have intended. It also takes a lot of pressure off the person(s) who agree to manage your affairs.

If you do not make a Lasting Power of Attorney in time, then deputyship might be the only option. The table below shows some of the major differences between appointing your own Attorney(s) via Lasting Powers of Attorney, and someone having to apply for a deputyship to the Court of Protection so they can manage your affairs.

It is important to realise that although someone else is applying for the deputyship, it is usually the case that all costs of the application come from your accounts rather than that of the deputy.

Attorney (LPA) Deputy
Registration Fee £82 n/a
Application Fee n/a £375
Professional Fees c £220 c £995 to £1495 + VAT
Assessment Fee n/a £100
Annual Fee n/a £320
Security Bond n/a £?? depending on assets involved
Who gets appointed? You decide The court decides
What restrictions are in place You decide The court decides
Responsibilities To make decisions as you would To make decisions as laid down by the court. To keep accounts of all decisions made. Provide annual returns that have been checked by an independent person.
Time to get registered or approved Approximately 10 weeks from the registration date, which can be done whilst you are sound of mind, so it can be used as soon as it is required. 3 to 4 months from the time of application, which can only be made once capacity has been lost, meaining that important decisions might not be able to be made in time.

In conclusion

The table shows the huge disparity in costs, but this is just the tip of the iceberg. An attorney would have much more freedom to deal with your affairs like you would, and if they know you they are much more likely to ensure your wishes are met. A deputy may not know you well, or understand your likes and dislikes. Even if they do, then the additional work involved to comply with a deputyship can be draining, both physically and emotionally.

Goodwills Wilts and Glos price check

Goodwills Wilts and Glos One LPA from £89 (one document)
Co-operative Legal Services One LPA: £270 (one document)

Goodwills Wilts and Glos Both LPAs from £178 (two documents)
Co-operative Legal Services Both LPAs from £540* (two documents)

The above prices are for one person. If you are a couple then the following will apply:

Goodwills Wilts and Glos One LPA Each £178 (two documents)
Co-operative Legal Services One LPA Each: £450 (two documents)

Goodwills Wilts and Glos Both LPAs Each £356 (four documents)
Co-operative Legal Services Both LPAs from £828 (four documents)

* Prices correct as of 24th November 2019. All prices include VAT as applicable. Further information about what is included in our standard prices can be found in the question and answer section below. For all LPA's a registration fee of £82 for each LPA is due in addition to the above, made payable to the Office of Public Guardian. This fee may be waived by the OPG depending on your income and benefits you received.

If you are ready to book an appointment to make your LPA(s), or wish to find out more about Lasting Powers of Attorney please click the appropriate link below: