11/08/2026
WHAT IS THE DIFFERENCE BETWEEN LASTING POWER OF ATTORNEY AND DEPUTYSHIP?
🧠 Understanding the Basics
Mental Capacity
Under the Mental Capacity Act 2005 (MCA), every adult is presumed to have capacity to make their own decisions unless it’s shown otherwise.
People with a learning disability may be able to make some decisions but not others, or their capacity may vary depending on the type of decision or the support they receive.
Capacity is decision-specific — meaning a person might be able to decide what to eat or wear, but not manage complex financial affairs.
⚖️ Lasting Power of Attorney (LPA)
What it is
An LPA is a legal document that allows a person (called the donor) to appoint one or more trusted people (attorneys) to make decisions on their behalf if they lose mental capacity in the future.
There are two types:
Property and Financial Affairs LPA – covers things like money, bills, and property.
Health and Welfare LPA – covers medical treatment, care arrangements, and daily living.
Key Points for People with a Learning Disability
The person must have mental capacity at the time of making the LPA — meaning they must understand what an LPA is and what powers it gives.
If they can understand this with support (for example, with information explained simply or with visual aids), they can make an LPA.
The LPA must be registered with the Office of the Public Guardian (OPG) before it can be used.
🟢 Example:
Sam, who has a mild learning disability, understands that his parents could help manage his money if he became unwell. With support, he decides to make an LPA appointing them as attorneys.
⚖️ Deputyship
What it is
If someone lacks capacity and didn’t make an LPA beforehand, a family member or trusted person can apply to the Court of Protection to become their deputy.
There are also two types:
Property and Financial Affairs Deputyship
Health and Welfare Deputyship (less common and only granted if there’s ongoing need)
Key Points for People with a Learning Disability
The court decides if the person lacks capacity to make certain decisions.
The deputy must act in the person’s best interests and follow the MCA’s principles.
Deputies are supervised by the OPG, and may need to submit annual reports on finances or decisions made.
🔵 Example:
Amira has a severe learning disability and cannot understand money or contracts. Her brother applies to the Court of Protection to become her deputy for property and financial affairs so he can manage her benefits and bills.
❤️ Supporting a Person with a Learning Disability
Under the Mental Capacity Act, you must:
Assume capacity unless proven otherwise.
Support the person to make their own decision (use simple language, pictures, repeat information, allow time).
Only act in their best interests if they truly lack capacity.
Always consider the least restrictive option.
Organisations like Mencap and Scope have excellent easy-read guides about LPA and deputyship for people with learning disabilities.
📚 Helpful Resources
GOV.UK – Make, register or end a lasting power of attorney
GOV.UK – Apply to become someone’s deputy
Mencap – Mental capacity and decision-making
Office of the Public Guardian
