A Lasting Power of Attorney – otherwise known as an LPA – is a crucial legal document that allows somebody to make decisions for you if you are no longer able to. Should a loved one, (usually a spouse or parent) lack the capacity or be unable to make decisions for themselves due to ill health or an accident, it is difficult for the family to be able to make decisions without having a valid LPA in place. With capacity you have the choice of who to appoint to act on your behalf.
A Deputyship gives the legal power to others to make decisions on their behalf. This document is applied for only when the person it relates to does not have the legal capacity to understand their financial position or are able to make decisions regarding their own care.
While they both sound very similar, the two do, in fact, vary. Here, the experts at Hughes Probate Services explore five differences between Lasting Power of Attorney and Deputyship.
1. Whether you have mental capacity
To make an LPA, you must have mental capacity. It is important that you understand that you’re handing over your decision-making to another person(s). However, a Deputyship order can only be put in place once you already lack mental capacity.
The application for a Deputyship is made by the person who will make the decisions, known as the Deputy. It is not a requirement for the person who the Deputyship is for to consent, but they must be made aware as part of the legal process.
2. Ensuring you select the right person
As you will be involved with the decision making during the preparation of an LPA, you can choose the person(s) you want to make your decisions should you be unable to deal with your financial or health affairs in the future. This is often a spouse, sibling, adult child or close friend.
But with a Deputyship, this decision may be out of your hands as you may already lack the capacity to choose. If there are no close family or friends to be Deputy, then local authorities may take on the responsibility.
3. The time they take to put in place
An LPA is a much quicker process. It usually takes eight to 12 weeks to be written and registered with the Office of the Public Guardian (OPG). A Deputyship takes a lot longer, typically around four to six months. During this time, it is not possible for anyone to make decisions on your behalf. There will also be no access to your funds, so bills or care fees may fall in arrears. The OPG may also raise queries surrounding the information provided to them when making the application delaying the process further.
4. How much they cost
It’s often much cheaper to register an LPA than it is to set up a Deputyship. There are two types of LPA – Health and Welfare, and Property and Finance. At Hughes Probate Services, I charge £250 for each LPA document, or £500 for both. Find out more about my Lasting Power of Attorney services.
The application fee for a Deputyship is nearer to £408, and if the court decides your case needs a hearing, you’ll also have to pay £494. Both are subject to an annual supervision fee, which can vary depending on your circumstances.
At Hughes Probate Services, we can take care of your entire Deputyship application, from start to finish – removing any unnecessary stress, at what can already be a challenging time.
My charges start from £750. Find out more about how we can support you with your Deputyship application.
5. Level of supervision required
The amount of supervision required for an LPA and a Deputyship is very different. A Deputyship will usually require more supervision as there are greater controls in place to ensure they are acting properly.
However, an LPA requires less supervision as the court takes the view that because you have chosen your attorney, you trust them to act appropriately on your behalf.
How Hughes Probate Services can help
Although thinking about dying or having conversations around death can be difficult, it is most cost-effective and less stressful for everyone involved, if you have made an LPA and a Will in advance.
If you need support, we pride ourselves on our sensitive and friendly approach to helping you through what might be an emotional and difficult time. Contact Julie to arrange an informal chat over a cuppa – or virtual cuppa – and we can discuss your requirements.
