Do I Really Need an LPA If I’m Healthy?
An LPA isn’t for when you’re ill — it’s for making sure you’re protected if something unexpected happens.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
Yes — you should consider a Lasting Power of Attorney even if you are in perfect health. Under the Mental Capacity Act 2005, you can only create an LPA while you have mental capacity. If you wait until something goes wrong, it may already be too late — and your family will face months of court delays and thousands of pounds in legal costs just to manage your affairs.
At a glance
- Yes — anyone aged 18 or over with mental capacity can create an LPA regardless of health, under the Mental Capacity Act 2005
- You can only make an LPA while you have mental capacity; once capacity is lost, the option disappears
- Without an LPA, your family must apply to the Court of Protection (£1,000+ and months of delay) to manage your affairs
- Creating an LPA does not give away any control — you keep full authority until you can no longer make decisions yourself
- This guide applies to LPAs made under the law of England and Wales
Why Healthy People Create LPAs
Think of an LPA like car insurance. You don’t buy it because you plan to crash — you buy it because you can’t predict the future. The same logic applies here. A stroke, a serious accident, an unexpected diagnosis — any of these can strip away your ability to make decisions overnight, regardless of how fit you are today.
The crucial difference between an LPA and most insurance is timing. You can buy car insurance the day after you pass your test and still be covered. But you cannot create an LPA after you’ve lost mental capacity. The window closes permanently. That’s why the best time to make one is when you’re healthy, capable, and clear-headed.
Take someone like David, 42, who runs his own business and cycles to work every day. He’s never had a serious health problem. Then he’s hit by a van on his commute and spends three weeks in intensive care. His wife can’t access his business bank account, can’t pay the staff, can’t make decisions about his medical treatment. Without an LPA, she has no legal authority to do any of it.
What an LPA Actually Does (and Doesn't Do)
One reason healthy people hesitate is a misunderstanding of what an LPA actually involves. Creating one does not mean handing over control of your life. You keep full authority over every decision for as long as you have capacity. Your attorneys can only step in if and when you cannot act for yourself.
There are two types of LPA:
- Property and Financial Affairs LPA — covers decisions about your money, property, bills, investments, and tax. This type can be used while you still have capacity (with your permission) or after you lose it.
- Health and Welfare LPA — covers decisions about your medical treatment, care, daily routine, and where you live. This type can only be used once you lack capacity to make these decisions yourself.
Most people create both types. Together, they ensure that someone you trust can handle both your finances and your care if the worst happens.
Key point: An LPA sits in a drawer doing nothing until it’s needed. It doesn’t change your daily life, reduce your independence, or give anyone power over you while you’re capable of making your own decisions.
What Happens If You Don't Have an LPA and Lose Capacity
This is where the “I’m healthy” argument falls apart. If you lose mental capacity without an LPA in place, your family faces a genuinely difficult situation. Being your spouse, adult child, or next of kin gives them no automatic legal right to manage your finances or make health decisions on your behalf.
Instead, they would need to apply to the Court of Protection for a deputyship order. This involves:
- Application fees of £371 just to apply, plus a £100 assessment fee and potential solicitor costs pushing the total well beyond £1,000
- Waiting times of 4–6 months or longer for the court to process the application
- Annual supervision fees of £320 payable to the Office of the Public Guardian for as long as the deputyship lasts
- The court decides who manages your affairs — it may not be the person you would have chosen
Compare that with an LPA that costs £92 to register, takes effect as soon as it’s needed, and puts the person you chose in charge. For a fuller picture of the consequences, see our guide on what happens if you don’t have an LPA.
Accidents and Illness Don't Wait for You to Be Ready
Most people associate LPAs with old age or dementia. The reality is that loss of mental capacity can happen to anyone, at any age, without warning.
Stroke
Around 100,000 people in the UK have a stroke each year. A third are under 65. Many survivors experience long-term cognitive impairment that affects their ability to manage their own affairs.
Serious accidents
Road collisions, falls, and workplace injuries can cause traumatic brain injuries that leave people unable to make decisions, sometimes permanently.
Sudden illness
Brain tumours, encephalitis, cardiac arrest leading to brain injury — these conditions can develop rapidly in otherwise healthy people and result in prolonged or permanent loss of capacity.
Early-onset dementia
Around 70,800 people in the UK have young-onset dementia (diagnosed before age 65). Some receive their diagnosis in their 40s or 50s.
None of these scenarios come with advance warning. And in every case, the person affected can no longer create an LPA once capacity is lost. For more on this, see our guide on when it’s too late to make an LPA.
Common Reasons People Put It Off (and Why They Shouldn't)
If you’re still on the fence, you’re not alone. Here are the most common objections — and the reality behind each one.
“I’m too young”
Anyone aged 18 or over can create an LPA. Strokes, accidents, and brain injuries don’t only happen to older people. As our guide on young adults and LPAs explains, age is simply not a factor in whether you need one.
“My family can sort things out”
This is one of the most dangerous myths around LPAs. Being married to someone, or being their adult child, gives you zero automatic legal authority over their finances or medical care. Your bank won’t release funds. The hospital won’t take instructions from you. Without an LPA or a court order, your hands are tied. See our guide on the myth that family can decide without an LPA.
“It’s too expensive”
The government registration fee is £92 per LPA. You don’t need a solicitor — you can create an LPA online or use a guided service. Compare that with the cost of a deputyship application, which runs into thousands. For a full breakdown, see how much an LPA costs.
“I don’t want to think about it”
That’s understandable. Nobody enjoys contemplating a future where they can’t look after themselves. But the 20 minutes it takes to start the process is nothing compared to the months of stress your family would face navigating the Court of Protection without one.
“I’ll do it later”
“Later” is the single biggest risk. Every week of delay is a week during which something could happen that removes the option entirely. There is no downside to creating an LPA early — it simply sits registered and ready until the day it’s needed.
Who Benefits Most from Creating an LPA While Healthy
Every adult over 18 should consider an LPA, but some groups have especially strong reasons to act now.
- Business owners — if you lose capacity, your business could grind to a halt. No one else can sign contracts, access accounts, or manage staff without legal authority. See our guide on LPAs for business owners.
- Homeowners — mortgage payments, property sales, and tenancy agreements all require someone with legal authority to act. Without an LPA, your property could be stuck in limbo.
- Parents of young children — if both parents lose capacity (however unlikely), an LPA ensures someone trusted can manage the family’s finances and welfare decisions.
- Unmarried partners — cohabiting couples have no automatic legal rights over each other. An LPA is the only way to ensure your partner can act on your behalf. See LPAs for unmarried partners.
- People with elderly parents — while encouraging your parents to create their LPAs, it’s worth making your own at the same time. See our guide on LPAs for elderly parents.
- Anyone with savings, investments, or pensions — the more complex your financial affairs, the more you need someone authorised to manage them if you can’t.
Does My Spouse Automatically Have Authority Without an LPA?
No. This is one of the most common and costly misunderstandings. Being married or in a civil partnership does not give your spouse any legal right to manage your bank accounts, sell your property, or make medical decisions on your behalf if you lose mental capacity.
Banks will freeze joint accounts or restrict access. The NHS will consult your spouse but is not bound to follow their wishes. Your mortgage, your pension, your investments — all locked. The only way your spouse (or anyone else) can gain legal authority is through an LPA that you created while you had capacity, or through a Court of Protection deputyship after the fact.
For unmarried couples, the situation is even more stark — you have zero automatic legal rights over each other. See our guide on LPAs for unmarried partners.
How Easy Is It to Create an LPA?
Easier than most people expect. You don’t need a solicitor, you don’t need to visit a government office, and you don’t need to be elderly or unwell. The process involves:
Choose your attorneys
Decide who you trust to act on your behalf. This could be a spouse, family member, friend, or professional. See our guide on how to choose the right attorney.
Fill in the LPA form
You can do this online through the government’s Make an LPA service or through a guided service that walks you through every step.
Have it signed and witnessed
The LPA must be signed by you, your attorneys, a certificate provider, and witnesses in a specific order.
Register with the OPG
Send the completed LPA to the Office of the Public Guardian with the £92 fee. Registration takes around 8–10 weeks.
Once registered, your LPA is ready to use whenever it’s needed — whether that’s next month or in thirty years’ time. For the full step-by-step, see our guide on how to make an LPA in the UK, or take a look at our pricing and how our guided service works.
Key point: A registered LPA does not expire. Once it’s in place, it remains valid for your lifetime unless you choose to revoke it. There is no need to renew it.
With an LPA vs Without: A Side-by-Side Comparison
The difference between having an LPA and not having one becomes stark when you put the two outcomes side by side.
| Scenario | With an LPA | Without an LPA |
|---|---|---|
| Cost | £92 per LPA (£184 for both types) | £1,000+ for Court of Protection deputyship, plus £320/year ongoing |
| Time to act | Immediate — attorneys can act as soon as the LPA is registered | 4–6 months or longer for a deputyship order |
| Who decides | The person you chose — someone who knows you | The court appoints someone — it may not be who you’d want |
| Ongoing oversight | Attorneys must act in your best interests; OPG can investigate concerns | Deputies face stricter court supervision, more paperwork, annual reporting |
| Stress on family | Manageable — the legal framework is already in place | Significant — navigating the court system during a crisis |
Key Takeaways
- Health is irrelevant to timing — the best time to create an LPA is while you’re healthy and have full mental capacity, because you cannot create one after capacity is lost.
- No control is given away — a registered LPA sits dormant until needed; you keep full authority over all your decisions while you have capacity.
- £92 now vs £1,000+ later — an LPA costs a fraction of what a Court of Protection deputyship application costs, and avoids months of delay.
- Family has no automatic rights — being a spouse or child does not give legal authority to manage someone’s finances or health decisions without an LPA or court order.
- Capacity loss isn’t just old age — strokes, accidents, brain injuries, and early-onset dementia can affect anyone at any age, with no warning.
- An LPA never expires — once registered, it remains valid for life unless you choose to revoke it. There is no renewal requirement.
Common Questions About LPAs for Healthy People
Can I make an LPA even if I have no health problems?
Yes. Anyone aged 18 or over with mental capacity can create an LPA regardless of their health. In fact, the best time to make one is while you are healthy, because you cannot create an LPA after losing mental capacity.
What happens if I lose capacity without an LPA?
Your family will have no legal authority to manage your finances or make health decisions on your behalf. They would need to apply to the Court of Protection for a deputyship order, which costs over £1,000 and can take six months or more.
Does making an LPA mean I lose control of my decisions?
No. Creating an LPA does not hand over any control. You retain full authority over all your decisions for as long as you have mental capacity. Your attorneys can only act on your behalf if and when you are unable to make decisions yourself (or, for a Property and Financial Affairs LPA, if you choose to let them act while you still have capacity).
At what age should I create an LPA?
There is no ideal age. Anyone over 18 can and should consider an LPA. Accidents, strokes, and sudden illnesses can happen at any age. Many financial advisers recommend creating an LPA at the same time as writing your first will.
Do healthy people really need an LPA?
Yes. An LPA can only be created while you have mental capacity. Strokes, accidents, and sudden illnesses can happen to anyone at any age without warning. Once capacity is lost, the option to create an LPA disappears permanently and your family must apply to the Court of Protection instead, which costs over £1,000 and takes months.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Relevant government resources
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