The complete comparison: what an LPA is, what deputyship is, costs, timescales, ongoing obligations, and what to do when a family member has already lost capacity without an LPA in place.
This guide is part of ProbateHelp's Wills & Planning guide cluster. Estimated reading time: 18 min.
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Possibly — it depends on whether they still have mental capacity to make the LPA. Capacity is decision-specific: a person with early-stage dementia may still have capacity to understand what an LPA is and what they are agreeing to. If there is any doubt, act quickly and consider professional advice.
Not without legal authority. Being next of kin gives you no automatic legal right to manage someone else's finances. You will usually need to apply to the Court of Protection for a deputyship order or ask the court for an urgent interim order if an immediate decision is needed.
Only within limited rules. An attorney under a property and financial affairs LPA may be able to make small customary gifts, but large gifts, property transfers, inheritance-tax planning gifts, or anything outside the LPA's terms may need Court of Protection approval.
Report it to the Office of the Public Guardian. The OPG can investigate concerns about attorneys and deputies and can apply to the Court of Protection if action is needed. If there is evidence of theft or financial abuse, the police may also need to be told.
Yes. The roles are separate: an attorney acts during the person's lifetime under the LPA, while an executor acts after death under the will. It is common for the same trusted person to hold both roles.
Yes. A deputyship order ends automatically when the person dies. From that point, the executor named in the will, or the administrator if there is no will, deals with the estate. The deputy has no authority to administer the estate unless they also have a separate executor or administrator role.
There is no single guaranteed timeframe. Straightforward property and financial affairs applications are often measured in months, and complex or contested cases can take much longer. Urgent applications or interim orders may be possible where an immediate decision is needed.