Table of Contents
- What Happens If You Don’t Have an LPA in Place
- How to Set Up a Lasting Power of Attorney
- Deputyship Order vs LPA: Key Differences Explained
- The Cost of Court of Protection Deputyship
- Capacity Assessment: A Checklist for Proactive Planning
- Common Mistakes That Lead to Court of Protection Involvement
- Frequently Asked Questions
Last Updated: October 2, 2026
What Happens If You Don’t Have an LPA in Place
If you lose mental capacity without a Lasting Power of Attorney, your family cannot manage your money or health decisions, and there is no way to avoid court of protection involvement. They must apply to the Court of Protection instead. This is why learning how to avoid court of protection matters long before you need help.
The Court of Protection is a specialist court that makes decisions for people who cannot decide for themselves. It appoints a deputy to act on your behalf. That process takes months, not days. It also costs far more than setting up an LPA in advance.
At Arrange My LPA, we help people across the country put the right documents in place early. A stroke or accident can happen at any age. Without an LPA, your loved ones face a slow, expensive legal process at the worst possible time.
The good news? Avoiding it is straightforward.
How to Set Up a Lasting Power of Attorney
Setting up a Lasting Power of Attorney is a five-step process you can complete while you still have full mental capacity. There are two types: one for money and property, and one for health and care. You can make either or both. Most practitioners recommend making both at the same time, because a property and financial affairs LPA cannot authorise decisions about care, medication, or where you live.
Here are the steps:
- Choose your attorney (or attorneys) and confirm they are willing to act. You can appoint one person, several people to act jointly, or several to act jointly and severally. Jointly means every decision must be unanimous; jointly and severally means any one of them can act alone. Jointly sounds safer, but it can stall decisions if one attorney is unreachable.
- Decide on the type of LPA you need: property and financial affairs, health and welfare, or both. A property and financial affairs LPA can be used as soon as it is registered, with your consent. A health and welfare LPA can only be used once you lack capacity to make the specific decision yourself.
- Complete the forms on the official government service. You can do this online or on paper. The online service is quicker and flags missing fields before you submit.
- Get the LPA signed in the correct order, with a certificate provider confirming you understand it. The signing order is strict: you sign first, then the certificate provider, then your attorneys. If anyone signs out of order, the Office of the Public Guardian will reject the document and you will need to start again.
- Register the LPA with the Office of the Public Guardian before it can be used. Registration usually takes several weeks, and longer if there are errors or objections. An unregistered LPA cannot be used, so do not delay.
Who Can Be a Certificate Provider
A certificate provider is the person who confirms you understand the LPA and are not being pressured into it. They must be either:
- Someone who has known you personally for at least two years, such as a friend or neighbour, or
- A professional with the relevant skills, such as a solicitor, doctor, or registered social worker
Choosing Your Attorney and Understanding Your Options
Your attorney should be someone you trust completely. They may be a family member, a friend, or a professional. You can appoint more than one, and you can require them to act jointly for major decisions.
A Practical Checklist Before You Submit
Before you send the forms to the Office of the Public Guardian, run through this list:
- Have you named at least one attorney who has agreed to act?
- Have you chosen a certificate provider who is eligible and has known you for two years or is a relevant professional?
- Have you signed and dated the form in the correct order?
- Have you included any preferences or instructions you want your attorney to follow?
- Have you kept a copy of the signed form for your records?
- Have you registered the LPA, rather than just signing it?
Deputyship Order vs LPA: Key Differences Explained
A deputyship order is a court order that appoints someone to manage your affairs after you lose capacity. An LPA is a document you create yourself, while you still can. That single difference changes everything about cost, speed, and control.
Here is how the two compare:
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| Feature | Lasting Power of Attorney | Deputyship Order |
|---|---|---|
| Who decides | You choose your attorney | A judge chooses your deputy |
| When it starts | You set it up in advance | Only after you lose capacity |
| Cost | Lower, one-off setup | Higher, plus ongoing supervision |
| Speed | Ready when needed | Months of court process |
| Control | You keep it | You lose it |
The Cost of Court of Protection Deputyship
The cost of court of protection deputyship runs far higher than planning ahead. There is an application fee, ongoing supervision fees, and often a legal retainer for the deputy. These add up year after year. Because fees change, check the current amounts on the official source rather than relying on old figures. The Court of Protection fees guidance lists what applies now.
Why the Costs Accumulate
A deputyship is not a one-off transaction. It is an ongoing court-supervised arrangement. That means:
- An application fee to start the process
- A fee to appoint the deputy
- An annual supervision fee, which varies depending on the level of supervision the Office of the Public Guardian decides is needed
- A fee if the deputy needs to apply to the court for a specific decision, such as selling a property or making a gift
- The deputy’s own charges, if they are a professional, which are usually billed by the hour
A Simple Way to Compare the Two
Rather than quoting figures that change, compare the two on structure:
| Cost type | Lasting Power of Attorney | Deputyship Order |
|---|---|---|
| Setup | One-off registration fee | Application and appointment fees |
| Ongoing | None | Annual supervision fee |
| Court applications | Not needed for routine decisions | Needed for many decisions |
| Professional fees | Only if you appoint a professional attorney | Often unavoidable if the deputy is a professional |
| Time to arrange | Weeks | Months |
The biggest mistake is waiting until a diagnosis. Once capacity is in question, you may no longer be able to make an LPA. At that point, the Court of Protection becomes the only route.
When a Deputyship May Still Be the Right Route
An LPA is not always possible. If someone has already lost capacity, or if there is no one suitable to act as attorney, a deputyship may be the only option. In those cases, the court can appoint a deputy, and the Office of the Public Guardian will supervise them. The cost is unavoidable, but it is also a safeguard: the deputy must account for their decisions and cannot act outside the powers the court grants.
Capacity Assessment: A Checklist for Proactive Planning
A capacity assessment confirms you understand what you are signing. You need mental capacity to make an LPA. Use this checklist to plan ahead:
- Can you understand the purpose of the LPA?
- Can you recall the key facts long enough to decide?
- Can you weigh the pros and cons of appointing an attorney?
- Can you communicate your decision clearly?
- Do you understand the power you are giving away?
Common Mistakes That Lead to Court of Protection Involvement
Most people end up in court for one reason: they never planned. The Mental Capacity Act 2005 gives you the right to choose your own attorney. Failing to use that right hands the decision to a judge instead.
Other common mistakes include:
- Appointing an attorney who later acts dishonestly, leading to attorney removal
- Leaving the LPA unregistered, so it cannot be used when needed
- Choosing the wrong attorney and creating family disputes and objections
- Ignoring statutory guidance on signing, causing rejection
Register your LPA as soon as it is signed. Many people complete the forms and then file them away, only to find they never registered them. An unregistered LPA is useless in a crisis.
Frequently Asked Questions
Can I avoid the Court of Protection if a family member loses mental capacity?
Yes, if they set up a lasting power of attorney before losing capacity. An LPA lets them choose who manages their financial affairs and welfare decisions. If no LPA exists and they lose capacity, someone must apply to the Court of Protection for a deputyship order. This process takes longer, costs more, and removes the person’s ability to choose their own decision-maker. Setting up an LPA early is the most effective way to avoid court involvement.
How much does it cost to get a Court of Protection deputyship?
The cost of court of protection deputyship includes application fees, medical evidence, and ongoing supervision costs. There may also be a security bond and annual supervision fees. Because these figures can change and depend on the estate’s size and complexity, check the official government guidance for current fees. The total is usually significantly higher than setting up an LPA, which involves a one-off registration fee per document.
What is the best way to avoid litigation over someone’s affairs?
A clear, properly registered lasting power of attorney reduces disputes because the person chose their attorney while they had capacity. Include specific instructions about financial affairs and welfare decisions. Tell family members who you have chosen and why. If disputes still arise, the Court of Protection can rule on objections, but having an LPA in place means most decisions stay with the person you trusted rather than going through a formal application.
What are the risks of not having an LPA in place?
Without an LPA, your family cannot legally manage your financial affairs or make welfare decisions if you lose capacity. They must apply for a deputyship order, which involves medical evidence, a formal application, and court fees. The process can take months and the court appoints a deputy rather than you choosing. Your preferences may not be followed, and ongoing supervision adds annual costs. Setting up an LPA avoids these risks.