Families often only discover the importance of a Lasting Power of Attorney (LPA) after it's too late to set one up — when a relative has already lost the mental capacity needed to sign one. In that situation, the alternative is applying to the Court of Protection to become a deputy.
What a deputy actually does
A deputy is appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to make those decisions themselves, where no LPA is in place. Deputies can be appointed for property and financial affairs, for personal welfare, or both, depending on what the court decides is needed.
Why it takes longer than an LPA
Unlike registering an LPA, which the person themselves sets up in advance, a deputyship application must be assessed and approved by the Court of Protection — a process that commonly takes several months from application to a final order. During this gap, financial decisions and bill payments can become genuinely difficult, which is exactly the situation an LPA is designed to prevent.
The cost difference
A deputyship application involves a court application fee, and property and financial deputies are usually required to purchase an annual security bond and pay ongoing supervision fees to the Office of the Public Guardian — costs an LPA does not carry. The exact current fees change periodically, so check the official GOV.UK guidance for up-to-date figures when applying.
What to do while an application is pending
While a deputyship application is in progress, urgent decisions may sometimes be made under the Mental Capacity Act's best-interests principles by those already involved in a person's care, but this has real limits, particularly for financial matters like accessing bank accounts. Speak to the person's bank directly about interim arrangements, and to a solicitor experienced in Court of Protection work if the situation is financially complex.
The lesson for other family members
If you are supporting a relative through a deputyship application, it is worth using the experience to prompt other family members — including yourself — to set up an LPA while you still have capacity to do so. It is a far simpler, cheaper and faster process than deputyship, but only available before capacity is lost.
How to use this guide in practice
Don’t read this as general information — use it as a worksheet. Write down the details of the person who needs care, the current limits of the situation at home, the monthly budget, the documents you already have, whether a local-authority financial assessment may apply, and who you’ve already spoken with. Then turn every unclear point into a specific question. A family that arrives with a clear picture usually gets more useful answers than one calling under stress with scattered information.
Keep one simple rule: anything about admission, cost, funding, timelines and whether a care home fits must be confirmed directly with the care home or the competent authority serving your area. This guide prepares the search — it does not replace official decisions.
Want a clear shortlist before you start calling?
If you don’t know which care homes to contact first, Curalune Care Help can prepare an ordered shortlist of 3–5 suitable options — with CQC ratings, contacts, useful links and a ready-to-send inquiry.
The service helps you organise the search.£69, one-off. If you don't receive at least 3 homes matching the area and criteria you gave us, we refund you in full. It does not replace the care home’s own assessment and does not guarantee admission, price or bed availability.
Important limit
Curalune offers practical help with the search and orientation. Admission, pricing, bed availability and the final assessment always rest with the care homes and the competent authorities (the local authority, the NHS, the Care Quality Commission).
