Understanding the key differences between Deputies and Attorneys

When a loved one loses the ability to make decisions for themselves, families are often faced with unfamiliar legal terms and processes. Two roles that frequently cause confusion are Attorneys and Deputies.

While both are responsible for making decisions in someone’s best interests, they are appointed in very different ways and at different stages. Understanding the difference can help families plan ahead and avoid unnecessary stress in the future.

What is an Attorney?

An Attorney is someone chosen by an individual to make decisions on their behalf through a Lasting Power of Attorney (LPA).

This is something a person sets up while they still have mental capacity, allowing them to decide in advance who they trust to manage things if they are unable to do so themselves in the future.

There are two types of Lasting Power of Attorney:

• Property and Financial Affairs LPA – covering matters such as bank accounts, bills, and property
• Health and Welfare LPA – covering decisions about medical treatment and care

Because the individual chooses their Attorney themselves, an LPA gives people the opportunity to remain in control of who will support them if circumstances change.

What is a Deputy?

A Deputy is appointed by the Court of Protection when a person has already lost mental capacity and did not put a Lasting Power of Attorney in place.

In these situations, someone must apply to the Court to be formally authorised to manage the person’s affairs.

Deputies are most commonly appointed to deal with property and financial matters, such as paying bills, managing bank accounts, or dealing with property. Health and welfare Deputyships are less common and are usually only granted in specific circumstances.

Unlike Attorneys, Deputies are supervised by the Office of the Public Guardian and must submit annual reports to ensure decisions are being made in the person’s best interests.

The Key Difference

The main difference is when and how the role is created.

An Attorney is chosen in advance by the individual themselves through a Lasting Power of Attorney.

A Deputy is appointed later by the Court of Protection when the person no longer has the mental capacity to make that decision.

For this reason, putting a Lasting Power of Attorney in place early can make things significantly easier for families if support is needed in the future.

What Happens if a Deputy Can No Longer Act?

Circumstances can change, and sometimes a Deputy may no longer be able to continue in the role.

This might happen if the Deputy becomes unwell, wishes to step down, or if their circumstances change. In some cases, the Deputy may pass away or there may be difficulties within the family that make it difficult for them to continue.

What happens next will depend on how the Deputyship was originally set up.

If more than one Deputy was appointed jointly and severally, the remaining Deputy may be able to continue acting alone.

However, if the Deputies were appointed jointly, or if there was only one Deputy, a new application to the Court of Protection will usually need to be made to appoint a replacement.

During this time, families may feel understandably worried about how finances or important decisions will be managed. Seeking advice early can help ensure that arrangements continue smoothly and that the person’s best interests remain protected.

When Might a Professional Deputy Be Appointed?

In some situations, the Court may appoint a professional Deputy, such as a solicitor.

This can be helpful where finances are complex, where there are disagreements within the family, or where there is no suitable person able to take on the responsibility.

A professional Deputy can provide reassurance that decisions are being managed carefully and in accordance with the Court’s requirements.

How We Can Help

If you are dealing with questions around Lasting Powers of Attorney, Deputyship applications, or what to do if a Deputy can no longer act, Osborne Morris & Morgan are here to help. Our specialist Court of Protection team provides clear guidance, practical solutions, and a reassuring approach during what can often be a challenging time for families.

Whether you’re planning ahead or facing an urgent issue, we can guide you through your options and ensure your loved one’s best interests are protected.

To get the support you need, call us on 01525 378177 or email us at info@ommlaw.co.uk.
Our friendly, experienced team is ready to help you every step of the way.