Girlings logo
TOP
Make an
enquiry

Make an enquiry

Please complete the form below and a legal adviser will contact you.
By submitting your details through Make an enquiry your data will only be used to contact you regarding your enquiry.
  • Home
  • /
  • Latest
  • /
  • Power of Attorney or Deputyship: What's The Difference?
Court of Protection card
17
Dec
Power of Attorney or Deputyship: What's The Difference?
News

I am often asked: “What is the difference between a Power of Attorney and Deputyship?”

The two roles of Attorney and Deputy are similar in a number of ways. Both Attorneys and Deputies are responsible for managing the affairs of another person. This can be in relation to financial matters, health and welfare matters or both. There are, however, a number of differences between the role of an Attorney and the role of a Deputy.

A Power of Attorney

A Lasting Power of Attorney is a legal document that allows you to appoint an attorney (or several attorneys) to make decisions on your behalf. There are two different types of Lasting Power of Attorney that can be put in place:-

  1. Health and welfare; and
  2. Property and financial affairs.

A Lasting Power of Attorneysets out which person (or people) an individual wants to be able to make decisions on their behalf should they lose mental capacity in the future. A Lasting Power of Attorney can only be put in place when an individual has the necessary capacity to do so. Once the document is in place, it will be ready to come into effect if the individual loses capacity to manage their own affairs in the future. In relation to property and financial affairs, the document can also be used whilst an individual still has capacity if the document has been drafted in this way.

Deputyship

If an individual loses mental capacity to make or articulate their own decisions and a Lasting Power of Attorney has not been put in place, this is where Deputyship becomes relevant. It will no longer be possible to put a Lasting Power of Attorney in place, but in certain circumstances it will become necessary for an individual (or individuals) to be appointed to manage the person’s affairs. As such, an application will need to be made for the Court of Protection to become involved. The Court of Protection can appoint an individual (or individuals) to act as a person’s Deputy.

The Court of Protection Deputyship process is lengthier and more costly than the Lasting Power of Attorney process. Once appointed, a Deputy will have to report to the Office of the Public Guardian each year to account for the funds that have been spent during the year; there is no such obligation on Attorneys appointed under a Lasting Power of Attorney. There may also be a “security bond” requirement on Deputies; this means that they have to take out an insurance policy each year which protects the individual who has lost capacity in case the Deputy mismanages their funds; again, there is no such obligation on Attorneys.

Contact us

Whether you are considering Lasting Powers of Attorney or if you think a Deputyship application might need to be made in relation to a loved one, please do not hesitate to contact Girlings’ Court of Protection team with any questions or queries that you might have.

For further information, please contact Dee Delo or Emma Manley in our Court of Protection teamteam. Tel: 01227 768374.

Please read Reliance on information posted in our Terms of Website Use - see Legal section - before relying on this commentary.

Before relying on this commentary please read the Reliance on information posted section in our Terms of Website Use in our Legal section. Please note that specialist advice should be taken in relation to any specific queries and the information above is provided for general information purposes only.

upper shape

Our Experts

Lesley Rushton

Head of Department
Wills, Tax & Estate Administration and Court of Protection

Charlotte Nock

Partner
Wills, Tax & Estate Administration

Chris Neeve

Partner
Wills, Tax & Estate Administration

Louise Wilson

Partner
Wills, Tax & Estate Administration

Ovid Busette

Senior Associate Solicitor
Wills, Tax & Estate Administration

Rachel Mock

Associate Solicitor
Wills, Tax & Estate Administration

Poppy Cooke

Assistant Solicitor
Wills, Tax & Estate Administration

Dee Delo

Court of Protection Manager
Court of Protection

Stay up to date

We would like to keep you informed with updates on legal developments, event invitations and Firm news by email, post, SMS/text and phone.
Subscribe