When Should You Create a Lasting Power of Attorney?
The best time to set up an LPA is before you need one. Here's why timing matters and what happens if you leave it too late.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
"I'll do it later." It's the most common response when people are asked about setting up a Lasting Power of Attorney. But here's the problem: you can only create an LPA while you still have mental capacity. Once that capacity is lost — whether through dementia, a stroke, or an accident — the option disappears. There are no exceptions and no workarounds.
At a glance
- The best time to create an LPA is while you are healthy and have full mental capacity — ideally as soon as you turn 18
- You cannot create an LPA after you have lost mental capacity, and there are no exceptions
- From start to finish, expect around 3 to 4 months before your LPA is ready to use (including 8–10 weeks OPG registration)
- Key life events like buying a home, starting a family, or receiving a health diagnosis should prompt action
Why Timing Matters for a Lasting Power of Attorney
A Lasting Power of Attorney is a legal document that lets you (the donor) choose someone you trust (your attorney) to make decisions on your behalf if you lose the ability to make them yourself. It covers everything from managing your bank accounts and paying bills to decisions about medical treatment and care.
The critical thing to understand is that you must have mental capacity when you create and sign the LPA. Under the Mental Capacity Act 2005, this means you need to understand what an LPA is, what authority it gives your attorney, and the consequences of making it.
Loss of mental capacity doesn't only happen to elderly people. It can be caused at any age by:
- A serious accident or head injury
- A stroke
- A brain tumour or neurological condition
- A sudden illness requiring intensive care
- Early-onset dementia (which can affect people in their 40s and 50s)
None of these things send advance warning. If any of them happen before you have an LPA in place, your family will be left unable to manage your finances, pay your bills, or make decisions about your care.
Critical point: You cannot create an LPA after you have lost mental capacity. If you wait too long, the only route left for your family is the expensive and lengthy Court of Protection process.
Life Events That Should Trigger a Lasting Power of Attorney
The honest answer to "when should I create an LPA?" is: as soon as you're 18. But most people think about it when something in their life changes. These are the moments when getting an LPA in place becomes especially important:
Buying a Home or Taking On a Mortgage
If you own property, someone needs to be able to manage it if you can't. Without an LPA, your home could be left in limbo — mortgage payments missed, maintenance ignored, and no one legally able to sell or remortgage on your behalf.
Getting Married or Starting a Family
Many people assume their spouse can automatically manage their affairs. They can't. Marriage does not give your partner the legal right to make decisions about your finances or healthcare. Only an LPA does that.
Starting or Running a Business
If you're a business owner or director, losing capacity without an LPA could leave your business unable to operate. Contracts can't be signed, accounts can't be managed, and staff can't be paid. A Property and Financial Affairs LPA is essential.
Your Child Turning 18
Once your child turns 18, you lose all legal authority to make decisions on their behalf — even in a medical emergency. Encouraging young adults to set up an LPA is one of the most overlooked pieces of family planning.
Approaching Retirement
As you get older, the risk of conditions like dementia increases. Creating an LPA while you're fit and healthy means you're prepared for whatever the future holds, and it gives your family complete peace of mind.
Receiving a Health Diagnosis
If you or a family member receives a diagnosis that may eventually affect mental capacity, it's crucial to act quickly. Many people with early-stage conditions can still create a valid LPA, but the window can close faster than you expect.
What Happens If You Leave It Too Late
If you lose mental capacity without a Lasting Power of Attorney in place, nobody — not your spouse, your children, or anyone else — has the legal right to manage your finances or make decisions about your care. Your family would need to apply to the Court of Protection for a deputyship order.
Costs over £1,000 in legal fees
Takes several months to complete
Ongoing annual supervision fees
The court decides who manages your affairs
While your family waits for the deputyship application to be processed, nobody can access your bank accounts, pay your mortgage, manage your investments, or make decisions about your medical treatment. Bills go unpaid, direct debits bounce, and your family is left powerless during an already distressing time.
Compare that to the cost of setting up an LPA: £92 to register with the Office of the Public Guardian, a few hours of your time, and the knowledge that the people you trust are legally authorised to act in your best interests. The difference between deputyship and an LPA is significant.
How Long Does It Take to Set Up and Register an LPA?
Even after you've decided to create a Lasting Power of Attorney, there's a timeline you need to be aware of. The LPA must be registered with the Office of the Public Guardian before it can be used, and registration typically takes 8 to 10 weeks.
Here's what the process looks like:
- Complete the LPA forms — provide your details, choose your attorneys, and select a certificate provider. This can be done in a single sitting.
- Sign the documents — the donor signs first, then the certificate provider, then each attorney. The order matters.
- Submit for registration — send the signed LPA to the Office of the Public Guardian with the £92 registration fee.
- Wait for registration — the OPG checks the document, allows time for objections, and returns your stamped, legally valid LPA.
From start to finish, you should expect around 3 to 4 months before your LPA is ready to use. That's another reason not to wait — if you need an LPA urgently, there's no way to speed up the registration process.
Tip: Many people choose to set up their LPA online to save time and avoid mistakes. Our simple online service guides you through each step and prepares your documents ready for signing.
Creating an LPA After a Dementia Diagnosis
A dementia diagnosis does not automatically mean you've lost mental capacity. Many people in the early stages of dementia, Alzheimer's, or other cognitive conditions are still fully capable of understanding and creating a valid LPA.
What matters is whether you have capacity at the specific moment you create and sign the document. The Mental Capacity Act 2005 is clear: capacity is assessed at the time a decision is made, not based on a diagnosis alone.
If there is any doubt, take these steps:
- Ask your GP for a capacity assessment — a formal letter confirming capacity at the time of signing provides strong evidence that the LPA is valid
- Choose a professional certificate provider — a doctor or solicitor acting as your certificate provider adds an extra layer of protection
- Act quickly — capacity can decline over weeks or months, and once it's gone, the opportunity is lost
If you're in this situation, don't assume it's too late. But equally, don't delay. The window for creating a valid LPA after a diagnosis can close faster than families expect.
Why Young Adults Should Consider a Lasting Power of Attorney
Most people think of an LPA as something for older generations. But when a child turns 18, their parents lose all legal authority to make decisions on their behalf — including medical decisions in an emergency.
If a young adult is involved in a serious accident and cannot communicate, their parents cannot legally access their bank account, speak to their doctors about treatment options, or make any decisions about their care without a Lasting Power of Attorney or a deputyship order from the Court of Protection.
Setting up an LPA for a young adult is straightforward, inexpensive, and gives the whole family peace of mind. Our guide on young adults and LPAs explains why it matters and how to do it.
How to Get Started with Your Lasting Power of Attorney
Setting up an LPA is simpler than most people expect. You don't need a solicitor, and you don't need any legal knowledge. Here's what you'll need before you begin:
- The full names and addresses of the people you want to appoint as your attorneys
- A decision on whether your attorneys should act jointly, jointly and severally, or a combination of both
- The name of your certificate provider — someone who can confirm you understand the LPA and are not being pressured
- Any specific preferences or instructions you want to include (for example, restrictions on what your attorneys can do)
Once you have these details, the forms can be completed in a single sitting. Our step-by-step guide to making an LPA walks you through the entire process.
Ready to get started? Our online service helps you complete your LPA quickly and affordably, with built-in error checks and guidance at every step. See our pricing.
Key Takeaways
- Mental capacity is the deadline — you can only create an LPA while you understand what it is and the powers it grants; once that understanding is gone, the option closes permanently
- Registration takes 8 to 10 weeks — even after signing, there is a waiting period before the OPG returns your stamped, legally valid document
- A dementia diagnosis does not mean it is too late — many people in the early stages of cognitive decline still have sufficient capacity, but a GP capacity assessment is recommended
- Without an LPA, the alternative is deputyship — Court of Protection applications cost over £1,000, take months, and the court decides who manages your affairs
- An LPA never expires — once registered, it lasts until you revoke it, you die, or the Court of Protection cancels it
Frequently Asked Questions
Is there a minimum age to create a Lasting Power of Attorney?
Yes. You must be at least 18 years old and have mental capacity to create an LPA in England and Wales. There is no upper age limit, but you must have capacity at the time you sign.
Can I create an LPA if I have been diagnosed with dementia?
Yes, in many cases. A diagnosis of dementia does not automatically mean you lack mental capacity. If you can still understand what an LPA is and the powers it gives your attorney, you can make a valid one. A medical capacity assessment from your GP is recommended if there is any doubt.
How long does it take to set up and register an LPA?
The forms can be completed in a few hours. Once signed and submitted to the Office of the Public Guardian, registration typically takes 8 to 10 weeks. From start to finish, expect around 3 to 4 months.
Does a Lasting Power of Attorney expire?
No. A registered LPA lasts indefinitely. There is no expiry date and no need to renew it. It remains valid until you revoke it, you die, or it is cancelled by the Court of Protection.
Do I need both types of LPA?
It's strongly recommended. A Property and Financial Affairs LPA lets your attorney manage your money, bills, and property. A Health and Welfare LPA lets them make decisions about your medical treatment and care. Without both, there will be gaps in what your attorney can do. Our guide on the difference between the two types of LPA explains this further.
Can I create an LPA on behalf of someone else?
No. Only the donor — the person the LPA is for — can create it, and they must have mental capacity at the time. You cannot create an LPA for a parent or relative who has already lost capacity. In that situation, you would need to apply to the Court of Protection for a deputyship order.
Is it too late to make an LPA if I am already ill?
Not necessarily. What matters is whether you have mental capacity at the time you create and sign the LPA — not whether you have a diagnosis. Many people with early-stage conditions can still make a valid LPA. If there is any doubt, ask your GP for a formal capacity assessment before you begin.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Further reading from GOV.UK
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