England & Wales

Deputyship Order Explained (Court of Protection – England & Wales)

If a person loses mental capacity and does not have a registered Lasting Power of Attorney (LPA) in place, a Deputyship Order may be required. A Deputyship Order is a legal authority granted by the Court of Protection that allows someone (the “Deputy”) to make decisions on behalf of a person who lacks capacity. Deputyship is generally considered a reactive solution, whereas an LPA is proactive
planning made while someone still has capacity.

Deputyship Orders Explained

A Deputyship Order is a legal arrangement used when someone no longer has mental capacity and does not have an LPA in place. In these situations, loved ones must apply to the Court of Protection to gain authority to act.

WHAT IS A DEPUTYSHIP ORDER?

A Deputyship Order is issued by the Court of Protection under the Mental Capacity Act
2005.
It allows an appointed individual to make decisions for someone who is no longer able
to make those decisions themselves due to:
• Dementia
• Brain injury
• Stroke
• Severe illness
• Other cognitive impairment
There are two main types of Deputyship:
Property and Financial Affairs Deputy
Allows the deputy to manage finances, property, bank accounts, pensions, and bills.
Personal Welfare Deputy
Covers care and medical decisions.
These are less commonly granted than financial deputyships.

WHY DOES DEPUTYSHIP BECOME NECESSARY?

Deputyship becomes necessary when:
• No valid LPA exists
• An existing LPA was never registered
• The LPA is invalid or legally defective
Without Deputyship:
• Family members cannot automatically access bank accounts
• Property cannot be sold
• Financial decisions may be blocked
• Care arrangements may be delayed
This is why many people compare “Deputyship vs Lasting Power of Attorney” when
planning ahead.

HOW TO APPLY FOR DEPUTYSHIP

Applying for Deputyship involves a formal application to the Court of Protection.
The process typically includes:
1. Completing official Court of Protection deputyship application forms
2. Providing a medical capacity assessment confirming lack of capacity
3. Notifying relevant family members
4. Paying the required court fee
5. Awaiting review (and possibly a hearing)
The process can take several months depending on complexity.

DEPUTYSHIP COSTS

Deputyship involves court fees and ongoing supervision costs.
As of current Court of Protection guidance (subject to change), typical costs may
include:
• Application fee: £371
• Hearing fee: £494 (if a hearing is required)
• Annual supervision fee:
o £35 (minimal supervision)
o £320 (general supervision)
• Assessment fee: £100 (for new deputies)
• Security bond (required for Property & Financial Deputies — amount varies
based on estate size)
If a solicitor is used, professional fees will be additional.
Fees are set by the Court of Protection and may change. Always refer to official Gov.uk
guidance for current figures.

Deputyship helps families in difficult situations — but it is rarely the path people would choose if planning had been possible.

HOW LONG DOES DEPUTYSHIP TAKE?

Deputyship applications typically take:
• 4 to 6 months for straightforward cases
• Longer if objections or hearings arise
During this period, financial access may remain restricted, which can create stress and
practical difficulty.
This delay is one of the main reasons proactive LPA planning is encouraged.

DEPUTYSHIP VS LPA

Deputyship
Applied for after loss of capacity Made while capacity exists

Court-controlled
More expensive
Slower process
Ongoing supervision

Lasting Power of Attorney
Applied for after loss of capacity Made while capacity exists

Privately arranged
Lower cost
Faster registration
No ongoing supervision fees

Deputyship can be necessary — but it is generally more complex and costly than
planning ahead with an LPA.

Related guidance:

Health & Welfare LPA

Registering a Lasting Power of Attorney

LPA Costs & Registration

Can Deputyship Be Avoided?

Yes — in many cases.

If a valid LPA is made before mental capacity is lost, there is usually no need for deputyship.

Attorneys can step in more quickly, with clearer authority and fewer complications.

Why This Page Matters

This page exists to:

Explain what happens when planning hasn’t been possible
Help families understand their options
Highlight the importance of early awareness

It is not about pressure — it is about informed decision-making.

If planning ahead is still an option, understanding LPAs now can make a significant difference later.

Capacity Lost

Mental capacity to make an LPA has already been lost.

No LPA Exists

There is no valid Health & Welfare or Property & Finance LPA.

Decisions Needed

Urgent decisions about care or finances are required.

This process is reactive — not preventative.

What Does the Deputyship Process Involve?

Gaining authority through the Court of Protection is a formal and often lengthy process.

Court Forms & Evidence

Extensive paperwork and medical assessments are required for the application.

Long Processing Times

The court process can take several months, causing delays in decision-making.

Ongoing Reporting

Deputies must submit annual reports to the Office of the Public Guardian.

Higher Costs

Involves application fees, potential legal costs, and ongoing supervision fees.

It can take several months before authority is granted by the court.

Deputyship exists to help — but it is often slower, more expensive, and more stressful than having an LPA.

The LPA Process at a Glance

Registration is essential — an unregistered LPA cannot be used.

Lasting Power of Attorney (LPA)