Probate Solicitors Limited – LPA vs Deputyship
Lasting Powers of Attorney or Deputyship
Comparison between Lasting Powers of Attorney & Deputyship
| Lasting Power of Attorney (LPA) | Deputyship | |
| Who can apply to make it? | The person who wants to have help from
attorneys (called ‘the Donor’) |
Usually a relative of a person who needs help “the patient” (called “P”) |
| Who appoints the person that is going to help? | The Donor appoints their Attorneys | The Court of Protection appoints the Deputy |
| When can it be made? | Any time whilst the Donor still has mental capacity | When “P” no longer has mental capacity |
| When should it be made? | At any time during adulthood not necessarily just for the elderly | When an LPA is no longer a viable option because the potential Donor has lost mental capacity |
| What can it be used for? | Finance & Property Health & Welfare | Finance & Property
Health & Welfare in exceptional circumstances |
| How long will it take to prepare? | To prepare the LPA should take around 3 weeks depending on where the attorneys are and how long everyone takes to sign their relevant parts. PSL can offer a 24 hour service if required. | When preparing Court of Protection Deputyship forms the person applying has to write their justification for the application. In addition one of the forms must be completed by “P’s” doctor. This can take several weeks if not months. |
| How long will it take before it is registered? | The LPA is registered by the Office of the Public Guardian and the registration process usually takes approx. 12-15 weeks | The forms are sent to the Court of Protection. The process takes approx. 9-12 months. The application is issued by the Court, the relevant people must then be notified, confirmation of notification is sent back to the Court and the application is put before a judge. |
| What costs are involved per LPA/Deputyship application? | If using a solicitor to prepare the forms they will charge their fees which can vary. In addition there is a Court fee of £82 per document.
LPA forms can be confusing to complete. If incorrectly completed there is a risk that the form will be rejected therefore it is sensible to use a solicitor to complete the forms on your behalf. |
If using a solicitor to prepare the forms their fees are set by the court at £1204+vat
In addition the following will be charged by the Court: • Application Fee £421 • Security Bond (dependent upon the assets that the deputy will be looking after) £150 – £200 • Deputy Assessment Fee £100 • Supervision Fee £320 per year Some applicants may be able to claim exemption or remission of Court fees dependent upon their circumstances |
| Typical Total Cost per LPA/Deputyship application | PSL fees for a single LPA and completion of registration documents £450+vat*
Plus the OPG fee £82
TOTAL inc VAT & OPG fee £622 |
Total initial cost
TOTAL inc VAT & Court fees (first year) c£2435 + any costs charged by medical professional to complete the COP3 In addition a separate Trustee application may be required where there is a property |
| * PSL have different scales of charges for LPAs and may offer a discount depending on how you proceed. You can choose not to register your LPA straight away which reduces the cost compared to that quoted above and if you wish to make more than one LPA ie: a Health & Welfare LPA and a Property and Affairs LPA the price per LPA is discounted. Please call us on 01564 758055 for further details. Any home visits will be charged in addition to the fees above.
Where a property is part owned by “P” an additional Trustee Application will also have to be made to the COP. |
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