When Is the Best Age to Set Up an LPA?
There is no perfect age — but there is a perfect principle: do it while you still can.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
The best age to set up an LPA is as soon as you turn 18, because mental capacity can be lost at any age — but if you haven’t done it yet, the next best time is now. A Lasting Power of Attorney is not something reserved for the elderly or the unwell. It is a practical legal document that every adult should have in place, regardless of age, health, or wealth.
At a glance
- Anyone aged 18 or over with mental capacity can create a Lasting Power of Attorney — there is no upper age limit
- Mental capacity can be lost at any age through accidents, strokes, or sudden illness — not just old age
- Key life events like buying a home, having children, or getting married should all trigger LPA planning
- Without an LPA, your family must apply to the Court of Protection — a process that costs over £1,000 and takes months
- This guide applies to LPAs made under the law of England and Wales
The Short Answer: 18+, and Sooner Is Better
Under the Mental Capacity Act 2005, any person aged 18 or over who has mental capacity can create a Lasting Power of Attorney. There is no minimum wealth requirement, no health threshold, and no upper age limit. The only absolute requirement is that you understand what you are doing at the time you make it.
That last point is the critical one. An LPA can only be made while you have capacity. Once you lose the ability to understand and make decisions — whether through dementia, a brain injury, or a severe stroke — the window closes permanently. There is no way to create an LPA retrospectively. Our guide on when you should create an LPA explains the legal timing in more detail.
This is why the advice from solicitors, the Office of the Public Guardian, and charities like Age UK is consistent: do it as early as possible. The best time to set up an LPA is when you are healthy, clear-headed, and under no pressure. Waiting until you need one often means waiting until it is too late.
Life Events That Should Trigger LPA Planning
While the legal answer is “any time after 18,” most people find it helpful to think about LPAs in terms of life milestones. Certain events create new responsibilities and financial exposure that make an LPA particularly important.
Buying your first property
The moment you own a home, you have an asset that cannot be managed by anyone else without legal authority. If you were in a serious accident tomorrow and could not communicate, nobody — not your partner, not your parents — could sell the property, remortgage it, or even deal with the mortgage lender on your behalf. A Property and Financial Affairs LPA solves this immediately.
Having children
When you become a parent, the stakes increase dramatically. If both parents lose capacity without LPAs, decisions about the children’s finances, housing, and welfare could end up being made by a court-appointed deputy rather than a trusted family member. A young adult with an LPA is protecting not just themselves, but their family.
Getting married or entering a civil partnership
Many people assume that marriage automatically gives their spouse the right to manage their affairs. It does not. A husband or wife has no automatic legal authority to access a partner’s bank accounts, make medical decisions, or deal with their pension if they lose capacity. Only an LPA or a court order grants that power.
Starting or running a business
Business owners face additional risk. If you are a sole trader or company director and you lose capacity without an LPA, your business could grind to a halt. Nobody can sign contracts, pay suppliers, or access business bank accounts on your behalf without legal authority. The delay involved in getting a Court of Protection order could mean losing customers, contracts, and staff.
Approaching retirement
Retirement is when many people finally get around to thinking about LPAs. At this stage, the need becomes urgent rather than theoretical. You may have a pension to manage, savings and investments to protect, and decisions about long-term care on the horizon. If you reach this stage without an LPA, act now — the risk of losing capacity increases with every year.
Why Most People Wait Too Long
Despite the clear benefits, most adults in England and Wales do not have an LPA. The reasons are predictable: people assume they are too young, too healthy, or that their family will sort things out without one. None of these assumptions hold up under scrutiny.
The most common excuse is “I’ll do it when I’m older.” But older often means less healthy, and less healthy can quickly become too late. Consider that around 16,000 people under 65 are diagnosed with dementia each year in the UK. Thousands more suffer strokes, brain injuries, or other conditions that rob them of capacity without warning. Our guide on what happens without an LPA explains the consequences in practical terms.
Another common belief is that a spouse or next of kin can automatically step in. They cannot. Banks will freeze your accounts, healthcare providers will make decisions without consulting your family, and any property or financial matters will require a Court of Protection application before anyone can act. The process is slow, expensive, and deeply stressful at a time when your family is already dealing with a crisis.
Key point: You do not set up an LPA because you expect to need it soon. You set one up because the consequences of not having one are too serious to leave to chance.
How Many People Actually Have an LPA?
The numbers paint a striking picture. The Office of the Public Guardian registers around 900,000 LPAs each year, and the total number on the register has grown significantly. But this still represents a small fraction of the adult population of England and Wales.
Research consistently shows that the majority of adults — including those over 65 — do not have an LPA in place. Among younger adults, the figure is even lower. A survey by the Law Society found that only around one in five people over 65 had made an LPA, and the proportion among under-55s was substantially smaller.
The gap between how many people should have an LPA and how many actually do is enormous. If you are reading this guide and you don’t have one yet, you are in the majority — but that majority is taking an unnecessary risk. Our guide on who should consider making an LPA can help you decide whether now is the right time for you.
LPA Planning by Decade of Life
Your reasons for setting up an LPA will change as you move through life. Here is a brief overview of what matters most at each stage. We have written detailed guides for each age group if you want to explore further.
In your 20s
You may not own much, but you have your independence. An LPA ensures your parents or a trusted person can step in if you are in a serious accident. It also matters if you are starting a business or travelling extensively. Read our full guide: LPAs in your 20s.
In your 30s
This is when most people buy property, start families, and take on significant financial commitments. An LPA protects your mortgage, your children, and your partner. Read our full guide: LPAs in your 30s.
In your 40s
Your financial picture is more complex — pensions, investments, perhaps a second property or business interests. You may also be caring for ageing parents while raising children. An LPA covers you on both fronts. Read our full guide: LPAs in your 40s.
In your 50s
Health risks start to increase. You are likely approaching peak wealth, with retirement savings, property equity, and possibly inheritance to manage. If you haven’t set up an LPA by now, it should be a priority. Read our full guide: LPAs in your 50s.
In your 60s and beyond
The risk of conditions like dementia increases significantly after 65. At this stage, the question is not whether to get an LPA but how quickly you can get one registered. The registration process takes several weeks, and you need capacity throughout. Read our full guide: LPAs in your 60s and beyond.
The Cost of Waiting
Setting up an LPA costs £92 per document to register with the Office of the Public Guardian. You need two LPAs to cover both property and financial affairs and health and welfare, bringing the total registration fee to £184. Our guide on how much an LPA costs breaks down all the fees involved.
Compare that with the alternative. If you lose capacity without an LPA, your family must apply to the Court of Protection for a deputyship order. The application fee alone is £371, plus an assessment fee, and ongoing supervision fees that can run to hundreds of pounds per year. Legal costs to prepare and submit the application typically add £1,000 to £3,000 or more. Our guide on why an LPA is cheaper than the Court of Protection sets out the full comparison.
Beyond the financial cost, there is the time. An LPA can be registered in around 8–10 weeks. A Court of Protection application can take six months or longer. During that time, nobody can access your bank accounts, manage your property, or make welfare decisions on your behalf. Bills go unpaid, mortgages go unmanaged, and families are left powerless at the worst possible moment.
Practical Steps to Set Up Your LPA
If you have decided that now is the right time, here is how to get started.
Decide which LPAs you need
There are two types: Property and Financial Affairs, and Health and Welfare. Most people benefit from having both. You can create them at the same time.
Choose your attorneys
Pick people you trust completely. They must be 18 or over, and for a financial LPA they must not be bankrupt. Think about who would genuinely act in your best interests, not just who is closest to you geographically.
Add preferences and instructions
Include any specific wishes about how your attorneys should make decisions. Preferences are guidance; instructions are binding. Both help your attorneys understand what you would want.
Have it signed and witnessed
Your LPA must be signed by you, your attorneys, and an independent certificate provider who confirms you understand what you are doing and are not being pressured.
Register with the OPG
Submit your LPA to the Office of the Public Guardian with the £92 registration fee. Registration takes around 8–10 weeks. You can start the process through our pricing page.
Key Takeaways
- There is no “perfect” age — anyone aged 18 or over with mental capacity can and should create an LPA as early as possible
- Mental capacity can be lost at any age — accidents, strokes, and illness do not wait until you are elderly
- Life events are triggers — buying property, having children, getting married, and starting a business all increase the need for an LPA
- An LPA costs £92 to register — the Court of Protection alternative costs over £1,000 and takes months
- Once capacity is lost, it is too late — you cannot create an LPA retrospectively, so acting early is the only safe approach
Common Questions About the Best Age for an LPA
What is the minimum age to set up an LPA?
You must be at least 18 years old to create a Lasting Power of Attorney in England and Wales. There is no upper age limit, but you must have mental capacity at the time you make the LPA. Once you lose capacity, it is too late to create one.
Is it worth setting up an LPA in your 20s or 30s?
Yes. Accidents, strokes, and serious illnesses can happen at any age. If you own property, have children, or run a business, an LPA ensures someone you trust can manage your affairs if you are suddenly unable to. Without one, your family would need to apply to the Court of Protection, which is expensive, slow, and stressful.
How much does it cost to set up an LPA?
The registration fee for each LPA is £92, paid to the Office of the Public Guardian. You need two LPAs to cover both property and financial affairs and health and welfare, so the total registration cost is £184. Fee exemptions and reductions are available for people on low incomes or certain benefits. See our full LPA cost guide for details.
What happens if I wait too long to set up an LPA?
If you lose mental capacity before creating an LPA, your family cannot make legal or financial decisions on your behalf without applying to the Court of Protection for a deputyship order. This process typically costs over £1,000, takes months, and involves ongoing court supervision. It is far more expensive, restrictive, and stressful than setting up an LPA while you still have capacity. Read our guide on why an LPA is cheaper than the Court of Protection for the full comparison.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Government guidance on GOV.UK
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