Lasting Power of Attorney vs Court of Protection | What's the difference?
30 Jul 2026
Picture this: a serious illness or an accident can happen unexpectedly with a loved one. What if it gets to the point where they can no longer manage their own affairs? Could this have been avoided? In most cases, yes, with a Lasting Power of Attorney in place beforehand.
What is a Lasting Power of Attorney (LPA)?
There are two types of Lasting Power of Attorney: Health and Welfare, and Property and Finance. Here's how they differ…
A Health and Welfare LPA covers day-to-day decisions about someone else's care, such as whether they should move into a care home or receive life-sustaining treatment. This type of LPA only comes into effect once the person it refers to has lost the mental capacity to make decisions for themselves. It cannot be used before then.
A Property and Finance LPA covers things like bank accounts, collecting benefits, selling property, and managing investments. Unlike the Health and Welfare LPA, this one can be used as soon as it's registered, with the donor's permission, even while they still have full mental capacity.
What is the Court of Protection?
The Court of Protection allows others to make decisions on someone else's behalf, either permanently or temporarily. It was introduced by the Mental Capacity Act 2005.
The key difference between a Court of Protection order and an LPA is timing. An LPA is arranged proactively, before a person loses capacity. A Court of Protection order is sought reactively, after capacity has already been lost, for example following a diagnosis of dementia or a serious brain injury.
Court of Protection orders exist to ensure a person's assets and welfare can still be managed when no LPA is in place. This is exactly why having an LPA set up in advance matters so much: it means your family can avoid the more lengthy, costly, and stressful court process during an already difficult time.
How Sort Legal can help?
Our Wills, Trusts and Probate department, led by Lisa Caine, brings 20 years of experience in the industry. Our team are here to explain the process clearly and answer any questions you have about the next steps.
Get in touch today:
Tel: 0333 3231091
Email: wtp@sortlegal.co.uk