Who Should Consider Making an LPA?
An LPA is not just for the elderly. Anyone over 18 with mental capacity can — and should — consider making one.
Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed
"I'm too young." "I'm perfectly healthy." "My family can sort it out." These are the three most common reasons people give for not having an LPA — and all three are wrong. Mental incapacity can affect anyone at any age through accidents, sudden illnesses, and unexpected medical events. That is why legal experts consistently recommend that every adult over the age of 18 should consider making a Lasting Power of Attorney.
At a glance
- Every adult over 18 with mental capacity should consider making an LPA — it is not just for the elderly
- Marriage does not give your spouse any automatic legal authority over your finances or healthcare decisions
- Business owners, homeowners, parents, and people with health conditions have particularly strong reasons to act
- Without an LPA, your family must apply to the Court of Protection, which costs thousands and takes months
The Short Answer: Everyone Over 18
The straightforward answer is that every adult with mental capacity should consider creating a Lasting Power of Attorney. You must be at least 18 years old to make an LPA in England and Wales, and you must have the mental capacity to understand what you are doing at the time you create it.
An LPA is not a sign that you expect something bad to happen. It is a sensible precaution — much like taking out home insurance or writing a will. You hope you never need to use it, but if the time comes, having one in place can make an enormous difference to you and your family. For more on why younger people should act, see our guide on LPAs for young adults.
Who Benefits Most from Having an LPA in Place?
While everyone should consider an LPA, certain groups have particularly strong reasons to put one in place sooner rather than later.
Parents and Carers
If you have children who depend on you, an LPA ensures that someone you trust can manage your finances and make decisions about your care if you become unable to do so. This is especially important for single parents, who may be the sole decision-maker and financial provider for their family.
Business Owners and Self-Employed People
If you run a business, your incapacity could bring operations to a standstill. Without an LPA, no one may be authorised to sign contracts, manage staff, pay suppliers, or make strategic decisions. A Property and Financial Affairs LPA can include specific provisions for business management, ensuring continuity if you are unable to run things yourself.
Homeowners
If you own property, an LPA is essential. Without one, your home cannot be sold, remortgaged, or managed if you lose capacity. This can create serious problems if the property needs to be sold to fund care or if mortgage payments need to be maintained.
People with Health Conditions
If you have been diagnosed with a progressive condition such as dementia, Parkinson's disease, or multiple sclerosis, creating an LPA while you still have capacity is critically important. These conditions can affect your decision-making ability over time, and the window for creating a valid LPA may close.
Older Adults
The risk of conditions that affect mental capacity increases with age. One in six people over 80 has dementia, and strokes are more common in older age groups. Creating an LPA in your 50s or 60s, while you are in good health, gives you the peace of mind that your affairs are protected.
Common Misconceptions About Who Needs an LPA
Several persistent myths stop people from creating an LPA when they should:
- "I'm too young to need one" — Accidents and sudden illnesses can happen at any age. A young person involved in a serious car accident may need someone to manage their finances and make medical decisions.
- "My spouse can handle everything" — This is one of the most dangerous assumptions. A spouse has no automatic legal right to manage your bank accounts, sell your property, or make medical decisions. Marriage does not create any form of power of attorney.
- "I don't have enough assets to worry about" — An LPA is not just about wealth. It covers everyday financial tasks like paying bills, managing benefit claims, and accessing bank accounts. It also covers health and welfare decisions that apply regardless of your financial position.
- "My family will sort things out" — Without legal authority, your family cannot sort things out. They will need to apply to the Court of Protection, which costs thousands of pounds and takes months.
- "I can do it later when I'm older" — The whole point of an LPA is that you need to make it while you have capacity. Waiting until you are older increases the risk that a health event could rob you of the ability to create one.
Key point: Your spouse, partner, or next of kin has no automatic legal authority to manage your affairs if you lose mental capacity. Only a registered LPA or a Court of Protection order can grant this power.
Couples and Partners
Couples often assume that being married or in a civil partnership gives their spouse automatic authority to act on their behalf. This is simply not the case. If one partner loses capacity, the other cannot access joint decisions about medical care, and may even struggle to access joint bank accounts depending on the bank's policies.
Many couples choose to create LPAs for each other — naming their spouse or partner as their primary attorney, with an adult child or trusted friend as a backup. This is an affordable and effective way to ensure that both partners are protected. For more information, see our guide on when you should create an LPA.
Young Adults and Students
Once a person turns 18, their parents no longer have any automatic legal right to make decisions on their behalf. This means that if an 18-year-old university student is involved in a serious accident, their parents may not be able to access their bank account, speak to their doctors about treatment, or make any decisions on their behalf without going to court.
Creating an LPA at 18 may seem premature, but it is a simple and inexpensive step that gives parents the legal standing they might need in an emergency. Many families now include LPA creation as part of the "turning 18" life admin, alongside registering to vote and making a will.
Taking Action
If you recognise yourself in any of the groups above, or simply want the peace of mind that comes with knowing your affairs are protected, now is the time to act. The process of creating an LPA is straightforward, and with UKLPA's guided service, you can complete it quickly and affordably. To understand the full picture, start with our comprehensive guide on what a Lasting Power of Attorney is.
Don't wait until it's too late. Our guided LPA service makes it easy to protect your family, starting from just £92 to register. See pricing.
Key Takeaways
- Everyone over 18 should have an LPA — accidents, strokes, and sudden illnesses can affect anyone at any age without warning
- Marriage gives no automatic authority — your spouse cannot manage your finances, access your bank accounts, or make medical decisions without an LPA or court order
- Business owners face particular risk — without an LPA, no one may be authorised to sign contracts, pay staff, or make operational decisions if you lose capacity
- Young adults at 18 lose parental protection — once a child turns 18, their parents have no legal right to make any decisions on their behalf without an LPA
- One in six people over 80 has dementia — the risk increases with age, making early action while in good health the wisest approach
People Often Ask
Do I need an LPA if I am married?
Yes. Marriage does not give your spouse any automatic legal authority to manage your finances, access your bank accounts, or make healthcare decisions on your behalf. Only a registered LPA or a court order grants this power.
I am in my 30s and healthy. Do I really need an LPA?
Yes. Accidents, strokes, and sudden illnesses can affect anyone at any age without warning. An LPA is a low-cost precaution that ensures someone you trust can step in if the unexpected happens.
Can I make an LPA if I do not own any property?
Absolutely. An LPA covers much more than property. It allows your attorney to manage bank accounts, pay bills, handle benefits, and deal with everyday financial tasks. A Health and Welfare LPA covers medical and care decisions regardless of your financial position.
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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