Where an individual has already lost capacity, it will not be possible for them to execute an LPA. In those circumstances, if there is a dispute over a decision affecting the individual, an application must be made on their behalf to the Court of Protection, either to determine that particular issue or to appoint a ‘deputy’ to make decisions for them more generally. This option is more costly and time consuming, a deputy’s powers are more restricted, and their actions more closely supervised than an LPA attorney. Otherwise, however, the two roles are similar. Most importantly, both deputies and attorneys must ensure that the decisions they make are in the individual’s best interests and in reaching that conclusion they must take on board the views of the individual themselves as well as that of their family members.
