LPAs in Your 60s and Beyond
It’s never too late to protect yourself — as long as you still can.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
It is absolutely not too late to create a Lasting Power of Attorney in your 60s, 70s, or beyond — as long as you have mental capacity, you can make one at any age. There is no upper age limit, no cut-off point, and no rule that says you should have done it sooner. What matters is that you do it while you still can, because the window does not stay open forever.
At a glance
- There is no upper age limit for making an LPA — anyone aged 18 or over with mental capacity can create one
- The risk of losing capacity increases significantly after 65, making it more urgent to act sooner rather than later
- An LPA protects your retirement savings, pension, property, and care decisions
- Without an LPA, your family may need to apply to the Court of Protection — a process that is slower, more expensive, and more restrictive
- This guide applies to LPAs made under the law of England and Wales
It's Not Too Late to Make an LPA
Many people in their 60s and 70s assume they have missed the boat on LPA planning. Perhaps they heard about it years ago and never got around to it, or they believed it was something only younger people needed to set up in advance. Neither is true.
The law is straightforward: anyone aged 18 or over who has mental capacity can create a Lasting Power of Attorney. That means you must be able to understand what an LPA is, why you are making one, who you are appointing as your attorney, and the authority you are giving them. If you can understand those things, you can make an LPA — whether you are 62 or 88.
Take Helen, who set up her LPAs at 74 after her neighbour’s husband had a stroke and the family spent months trying to access his bank accounts. Helen had no health problems herself, but she saw first-hand what happens when there is no plan in place. Within six weeks, both her LPAs were registered and ready to use if ever needed. She wished she had done it sooner, but she was glad she had not left it any longer.
Why the Urgency Increases With Age
The reason LPA planning becomes more pressing in your 60s and beyond is simple: the likelihood of losing mental capacity rises with age. Dementia is the leading cause of capacity loss, and the numbers are sobering.
According to the Alzheimer’s Society, around 1 in 14 people over 65 in the UK have dementia. By 80, that rises to approximately 1 in 6. And dementia is not the only risk — strokes, serious accidents, brain injuries, and other sudden health events can remove your capacity overnight, at any age.
The critical point is this: once you lose mental capacity, you can no longer make an LPA. The opportunity is gone permanently. Our guide on when it is too late to make an LPA explains the legal position in detail, but the short version is that there is no going back once capacity is lost.
Key point: You do not need to be ill or frail to benefit from an LPA. The best time to make one is while you are healthy and clear-headed — which means right now.
Protecting Retirement Savings and Pensions
By the time you reach your 60s, your financial picture has usually become more complex. You may have a private pension or multiple pension pots, ISA savings built up over decades, property that has appreciated significantly, and perhaps rental income or investments. Managing these assets requires ongoing decisions — drawdown rates, tax planning, insurance renewals, and more.
If you lose the ability to manage these finances yourself, someone needs to step in. Without a Property and Financial Affairs LPA, nobody — not even your spouse or adult children — has the legal authority to access your bank accounts, manage your pension, pay your bills, or deal with HMRC on your behalf.
David, 68, had a defined contribution pension worth £340,000 and was drawing down £1,200 a month. When he suffered a severe stroke, his wife Margaret could not access his pension provider’s portal, change the drawdown amount, or even speak to them about his account. It took five months and a Court of Protection application before Margaret could manage David’s finances. During that time, direct debits bounced, his credit rating was damaged, and tax deadlines were missed.
A registered LPA would have allowed Margaret to act immediately. If you want to understand more about how attorneys manage pensions specifically, our guide on using an LPA to manage pensions covers this in detail.
Care Home Decisions and Where You Live
One of the biggest concerns for people in their 60s and beyond is who will make decisions about their care if they can no longer decide for themselves. Where will you live? Will you stay at home with support, move in with family, or go into a care home? Who chooses, and what say do you have?
A Health and Welfare LPA gives your chosen attorney the legal authority to make these decisions on your behalf, guided by your wishes and preferences. Without one, these decisions fall to healthcare professionals and local authority care teams who do not know you, your values, or your preferences.
You can include specific preferences in your Health and Welfare LPA — for example, that you would prefer to stay in your own home for as long as safely possible, or that you want a care home near your family rather than wherever a bed is available. These preferences guide your attorney and give them the backing to advocate for what you actually want.
Our guide on what happens without an LPA shows how care decisions are made when nobody has legal authority to act — and why the outcomes are often not what families would have chosen.
Involving Your Adult Children
If you are in your 60s or 70s, there is a good chance your children are now adults with families of their own. Many people at this stage of life naturally turn to their adult children as potential attorneys — and for good reason. They know you well, they care about your wellbeing, and they are likely to be around for the long term.
But appointing adult children as attorneys also requires an honest conversation. Your children need to understand what being an attorney involves — the responsibilities, the time commitment, and the legal obligations. They also need to be willing to take it on. Not every child is suited to the role, and that is perfectly fine.
If you have more than one child, you will need to think about whether to appoint one or all of them, and whether they should act jointly (every decision made together) or jointly and severally (able to act independently). Our guide on LPAs for elderly parents covers how families can approach this conversation from both sides.
The most important thing is to have the conversation while you are well. Adult children who understand your wishes and have been formally appointed as attorneys can act quickly and confidently if the time comes. Those who have never discussed it are left guessing — or fighting over what Mum or Dad would have wanted.
Health and Welfare LPA for Medical Decisions
Many people focus on the financial side of LPA planning, but the Health and Welfare LPA is equally important — and arguably more personal. This type of LPA covers decisions about your medical treatment, your daily care routine, and potentially life-sustaining treatment.
As you get older, the chances of facing serious medical decisions increase. If you develop a condition that affects your ability to communicate or understand treatment options, your Health and Welfare attorney steps in to make decisions based on what you would have wanted. Without an LPA, doctors make these decisions based on clinical judgement alone, without any formal input from your family.
You can also choose whether to give your attorney the power to make decisions about life-sustaining treatment. This is entirely optional, but many people find it reassuring to know that someone who understands their values will be consulted at that stage. Our guide on whether you should create both types of LPA explains why most people benefit from having both in place.
Practical Steps to Get Started
Setting up an LPA is not as complicated as many people expect. Here is what the process looks like, step by step.
Decide which LPAs you need
Most people create both a Property and Financial Affairs LPA and a Health and Welfare LPA. Together, they cover all the decisions that might need to be made on your behalf.
Choose your attorneys
Pick people you trust completely — typically a spouse, adult child, or close family member. You can appoint more than one and decide how they should work together.
Add your preferences and instructions
Include any specific wishes about how decisions should be made — care preferences, financial priorities, or anything else that matters to you. These guide your attorneys when the time comes.
Have it signed and witnessed
Your LPA needs to be signed by you, your attorneys, and a certificate provider who confirms you understand what you are doing and are not under pressure.
Register with the Office of the Public Guardian
Submit your completed LPA for registration. The fee is £92 per LPA. Registration takes around 8–10 weeks, after which your LPA is ready to use when needed. You can start the process through our pricing page.
The entire process can be completed in a matter of weeks. And the cost of setting up an LPA is a fraction of what a Court of Protection application would cost if you leave it too late. You can register your LPA online through the GOV.UK Power of Attorney service or use a professional service like UKLPA to guide you through the process.
Key Takeaways
- There is no age limit — you can make an LPA at any age as long as you have mental capacity, whether you are in your 60s, 70s, 80s, or beyond
- The risk grows with time — the chance of losing capacity increases significantly after 65, so every year you wait adds risk
- Your finances need protection — pensions, savings, and property cannot be managed by anyone else without an LPA or a costly Court of Protection order
- Care decisions are personal — a Health and Welfare LPA ensures the people who know you best are making decisions about your care, not strangers
- The process is straightforward — setting up an LPA takes weeks, not months, and costs £92 per LPA to register
Common Questions About Making an LPA Later in Life
Can I make an LPA if I am over 70?
Yes. There is no upper age limit for creating a Lasting Power of Attorney. As long as you have the mental capacity to understand what you are signing, you can make an LPA at any age, whether you are 70, 80, or older. The only requirement is that you are 18 or over and have mental capacity at the time the LPA is made.
What happens if I wait too long to make an LPA?
If you lose mental capacity before creating an LPA, you will no longer be able to make one. Your family would need to apply to the Court of Protection for a deputyship order, which typically costs over £1,000, takes much longer, and gives your family less flexibility than an LPA would have provided.
Does having an LPA mean I lose control of my decisions?
No. Making an LPA does not take away any of your rights. A Property and Financial Affairs LPA can be used while you still have capacity, but only with your permission. A Health and Welfare LPA can only be used if you lose the ability to make decisions for yourself. You remain fully in control for as long as you have mental capacity.
How much does it cost to set up an LPA?
The registration fee charged by the Office of the Public Guardian is £92 per LPA. Most people set up two LPAs — one for Property and Financial Affairs and one for Health and Welfare — so the total registration cost is £184. Professional help with preparing the documents is available at additional cost but is not legally required. See our pricing page for details.
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
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Creating an LPA is one of the most important things you can do for yourself and your family.
