LPAs for Parents of Adult Children With Disabilities
When your child turns 18, you lose all legal authority over their care and finances — even if they have a disability. Here are the options available to you.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
For many parents of children with disabilities, there is a moment that catches them completely off guard: their child’s 18th birthday. Not because of the celebration, but because of what changes legally. On that day, under the Mental Capacity Act 2005, your parental authority disappears entirely — regardless of your child’s condition. If you want to continue making decisions about their care, finances, or welfare, you need a legal framework in place. That framework is usually either a Lasting Power of Attorney or a deputyship order.
At a glance
- Parental responsibility ends at 18 — regardless of your child's disability
- If your child has mental capacity, they can create an LPA naming you as attorney (£92 per LPA to register)
- If your child has never had capacity, you must apply to the Court of Protection for a deputyship order (£371+ court fee, plus solicitor costs)
- A learning disability does not automatically mean someone lacks capacity — a professional assessment can confirm
What Changes When Your Child Turns 18
Until your child reaches 18, you have automatic parental responsibility. You can speak to their doctors, manage their money, make decisions about their education, and arrange their care. Most parents of children with disabilities do this instinctively, every day, without thinking about the legal basis for it.
The moment they turn 18, that authority ends. In law, they are an adult. It does not matter that they have a learning disability, autism, a physical disability, or a complex medical condition. The law treats them as an independent adult with the right to make their own decisions — or, if they cannot, the right to have those decisions made through proper legal channels.
Without the right legal arrangement in place, you may find you cannot:
- Access their bank account or manage their benefits
- Consent to or refuse medical treatment on their behalf
- Speak to their GP, hospital, or social worker with legal authority
- Make decisions about where they live or what care they receive
- Deal with their local authority, DWP, or other agencies
This is not a theoretical problem. Parents across England and Wales encounter it regularly — being told by a bank, a hospital, or a care provider that they have no legal standing to act for their own child.
Key point: Parental responsibility ends at 18 in all cases. Having a disability does not extend it. You must put a legal arrangement in place — either an LPA or a deputyship — to continue making decisions for your adult child.
If Your Child Has Mental Capacity — Encourage Them to Create an LPA
This is the simplest and most cost-effective route. If your adult child has the mental capacity to understand what an LPA is and what it does, they can create one themselves — naming you (or both parents) as their attorney.
Many parents assume that because their child has a disability, they cannot create an LPA. That is often wrong. A learning disability, autism, Down’s syndrome, or a physical disability does not automatically mean someone lacks mental capacity. Under the Mental Capacity Act, capacity is assessed on a decision-by-decision basis. Your child needs to understand:
- What an LPA is and why they are making one
- Who they are appointing as their attorney
- What powers they are giving that person
- That they can cancel it at any time while they have capacity
If they can grasp these basics — even with support, easy-read materials, or extra time — they can create a valid LPA. The certificate provider who signs the LPA will confirm that the donor (your child) understands what they are doing and is not being pressured.
If Your Child Has Never Had Capacity — Deputyship Is the Only Route
Some adults with severe learning disabilities, profound brain injuries, or complex conditions have never had the mental capacity to make decisions about an LPA. In these cases, they cannot create one — and nobody else can create one on their behalf.
The only option is to apply to the Court of Protection for a deputyship order. This gives you (or another suitable person) the legal authority to make decisions on your child’s behalf. The court can grant:
- Property and affairs deputyship — to manage finances, benefits, housing costs, and savings
- Personal welfare deputyship — to make decisions about healthcare, care arrangements, and daily living (these are less commonly granted and only where specific ongoing decisions are needed)
Deputyship is more expensive, more bureaucratic, and comes with ongoing supervision from the Office of the Public Guardian. But if your child has never had capacity, it is the only lawful way to manage their affairs.
If Capacity Is Borderline — Get a Professional Assessment and Act Quickly
This is where many families find themselves. Your child has a learning disability or condition that makes capacity uncertain. They can manage some everyday decisions, but you are not sure whether they would meet the legal threshold to create an LPA.
The best course of action is to get a formal capacity assessment from a qualified professional — usually a GP, psychiatrist, or clinical psychologist. They will assess whether your child understands the specific decision of creating an LPA. If the answer is yes, even marginally, you should act promptly. Capacity can fluctuate, and conditions can change over time. What is possible today may not be possible in a few years.
Worth knowing: the Mental Capacity Act requires that all practicable steps are taken to help someone make a decision before concluding they lack capacity. This means using simple language, visual aids, familiar environments, and giving your child time. A person is not to be treated as unable to make a decision simply because they make an unwise one, or because they need support to understand the information.
The Two Types of LPA — and Why Health and Welfare Matters Most Here
There are two types of Lasting Power of Attorney in England and Wales. For parents of adult children with disabilities, both are relevant, but the Health and Welfare LPA is often the most pressing.
Health & Welfare LPA
Covers medical treatment, care arrangements, where your child lives, daily routine, diet, and end-of-life decisions. Can only be used once the donor lacks capacity for the specific decision. This is typically the most important LPA for parents managing ongoing care needs.
Property & Financial Affairs LPA
Covers bank accounts, benefits, savings, bills, housing costs, and financial administration. Can be used with the donor’s consent even while they have capacity — useful for parents who already help manage their child’s money day to day.
Most families in this situation benefit from creating both types of LPA. The Property and Financial Affairs LPA is especially practical because it can be used straight away (with your child’s agreement), rather than only when they lose capacity.
What Parents Can Include as Preferences and Instructions
One of the strengths of an LPA is that the donor — your child, in this case — can include preferences and instructions that guide how their attorney acts. For families dealing with disabilities, this can be especially valuable.
Preferences are wishes the attorney should consider but are not legally binding. Instructions are conditions the attorney must follow. Examples relevant to this situation include:
- Care preferences — “I would like to continue living at home for as long as possible”
- Medical wishes — “I do not want to be moved to a residential care home without consulting my support worker”
- Financial instructions — “My attorney must keep my savings in an accessible account and not invest them”
- Daily life preferences — “I would prefer to attend my current day centre and maintain my existing routine”
- Communication — “Decisions about my care should involve my key worker at [organisation]”
These preferences help ensure continuity of care and protect routines that matter deeply to someone with a disability. They also give future decision-makers clear guidance if circumstances change.
Planning for the Future — What Happens When Parents Lose Capacity or Die
This is a conversation many parents find difficult, but it is one of the most important. If you are appointed as your child’s attorney, what happens when you yourself can no longer act? Whether through your own illness, loss of capacity, or death, the day will come when you are no longer able to fulfil the role.
The LPA allows for this. When creating the document, your child can appoint replacement attorneys — people who step in automatically if the original attorney can no longer act. For many families, this means:
- Appointing a sibling as replacement attorney
- Naming a trusted family friend or relative
- Appointing a professional attorney (such as a solicitor) as a backstop
Without replacement attorneys, the LPA may become ineffective when you can no longer act. If no valid attorney remains, someone would need to apply to the Court of Protection for deputyship — exactly the situation the LPA was designed to avoid.
Parents should also think about creating their own LPAs. If you lose capacity without one, your family faces the same problems — and the person who depends on you most could be left without proper support during a difficult time.
Key point: Always appoint replacement attorneys in your child’s LPA. Without them, the protection ends when you can no longer act — and the family is back to square one.
The Cost Comparison: LPA vs Deputyship
If your child has the capacity to create an LPA, the financial case is overwhelming. Here is how the two options compare:
Lasting Power of Attorney
OPG registration fee: £92 per LPA. With UKLPA, the total is £181 per LPA including the registration fee. No annual fees. No supervision. Lasts for life. Two LPAs (both types) cost £342 total.
Court of Protection Deputyship
Court application fee: £371. Solicitor costs: £1,000–£3,000+. Annual supervision fee: £320. Security bond required. Ongoing reporting obligations. Over 10 years, the total cost can exceed £5,000.
The difference is stark. An LPA is a one-off cost with no ongoing obligations. Deputyship is more expensive from the start and continues to cost money year after year. If your child has the capacity to create an LPA, even borderline capacity, it is worth exploring every avenue to make it happen before resorting to the court process.
Whatever your circumstances, our guided LPA service helps you create the right documents. See pricing for details.
Key Takeaways
- Act before your child turns 18 — parental responsibility ends automatically at 18, so plan ahead to ensure legal authority is in place from day one of adulthood
- An LPA costs £92 vs deputyship at £1,000+ — if your child has capacity to create an LPA (even with support), this is far cheaper than going through the Court of Protection
- Get a professional capacity assessment if borderline — a GP or psychologist can confirm whether your child can create a valid LPA, and the assessment protects the document from future challenge
- Always appoint replacement attorneys — as a parent, you will not be able to act forever, so naming siblings or trusted friends as replacements is essential
- Create both types of LPA — a Health and Welfare LPA covers care and medical decisions while a Property and Financial Affairs LPA covers benefits, bills, and savings
Common Questions About LPAs for Adult Children With Disabilities
Can I still make decisions for my disabled child after they turn 18?
No. Once your child turns 18, you lose all automatic legal authority over their finances, healthcare, and welfare — regardless of their disability. You need either a registered LPA (if they have mental capacity to create one) or a Court of Protection deputyship order to make decisions on their behalf.
What if my adult child has never had mental capacity?
If your child has never had the mental capacity to understand and create an LPA, the only legal route is to apply to the Court of Protection for a deputyship order. This allows the court to appoint you (or someone else) as their deputy to make decisions on their behalf.
How much does an LPA cost compared to deputyship?
An LPA costs £92 to register with the OPG and lasts for life with no ongoing fees. A deputyship application costs £371 in court fees alone, plus solicitor fees of £1,000–£3,000+, and requires annual supervision fees of £320. Over time, deputyship costs significantly more.
Can someone with a learning disability make an LPA?
Yes, provided they have the mental capacity to understand what an LPA is and the decisions involved. A learning disability does not automatically mean someone lacks capacity. A professional capacity assessment can confirm whether your child is able to create a valid LPA.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Official resources from GOV.UK
The Best Time to Act Is Now
Once mental capacity is lost, it’s too late to create an LPA. Don’t wait.
