Do Young People Need a Lasting Power of Attorney?

Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed 16 March 2026

When most people think of Lasting Power of Attorney, they picture an elderly relative losing the ability to manage their own affairs. But the truth is, anyone over the age of 18 can lose mental capacity at any time — through an accident, a sudden illness, or an unexpected medical event. If that happens and you do not have an LPA in place, no one — not even your parents — has the automatic legal right to make decisions on your behalf.

Can an 18-Year-Old Make an LPA?

Yes — anyone aged 18 or over can create a Lasting Power of Attorney in England and Wales, provided they have mental capacity at the time of signing. There is no minimum age beyond that, and no requirement to be elderly, unwell, or at any particular stage of life.

In fact, turning 18 is arguably the most important trigger for creating an LPA. The day you turn 18, your parents lose all automatic legal authority to act on your behalf — and without an LPA, they would need to go to court to get it back. Creating an LPA shortly after turning 18 is one of the simplest and most practical legal steps a young adult can take.

Most people associate losing mental capacity with old age and dementia. In reality, capacity can be lost at any age due to:

• A serious road traffic accident causing a traumatic brain injury
• A stroke, which can affect people in their 20s and 30s
• A sudden cardiac arrest leading to brain damage from lack of oxygen
• A severe infection or illness such as meningitis or encephalitis
• A mental health crisis that temporarily or permanently affects decision-making
• A sporting injury, particularly in contact sports

These events are rare, but they do happen. According to Headway, the brain injury charity, there are approximately 356,000 hospital admissions for acquired brain injury in the UK each year, and a significant proportion of those affected are young adults. An LPA is a simple precaution that ensures someone you trust can step in if the worst happens.

Why Parents Lose All Legal Authority When a Child Turns 18

This is one of the most important facts that many families do not realise. When a child turns 18, their parents no longer have any automatic legal right to make decisions on their behalf. This applies to financial decisions, medical treatment, and welfare matters.

Under the Mental Capacity Act 2005, once a person reaches the age of 18, they are treated as a fully independent adult in the eyes of the law. If they lose mental capacity without an LPA in place, their parents would need to apply to the Court of Protection for a deputyship order before they could:

• Access their bank accounts to pay bills or manage money
• Make decisions about their medical treatment
• Arrange care or accommodation on their behalf
• Deal with their employer, university, or landlord
• Manage their insurance claims or legal matters

This court process costs hundreds of pounds, takes months, and leaves the family unable to act during that time. An LPA created when the young person turns 18 avoids this entirely.

What About University Admin, Student Finance, and Landlords?

One overlooked scenario is the day-to-day admin that comes with student life. If a student loses capacity — even temporarily — there are several organisations that parents simply cannot deal with on their behalf without authorisation:

• Student Finance England (SFE) — student loans and maintenance payments are tied to the individual student. If you cannot manage your account — for example, due to a serious illness — a parent or carer cannot speak to SFE on your behalf without written authorisation or a registered LPA. This can result in payments stopping or going to the wrong account.
• University welfare and admin — universities will not discuss your academic progress, exam results, or welfare arrangements with a parent unless you have provided written consent. In a serious situation, a Health and Welfare LPA may help establish formal authority.
• Private landlords and letting agents — your landlord cannot take instructions from a parent regarding your tenancy, deposit, or notice period without proper authority. A Property and Financial Affairs LPA enables a parent or attorney to manage rental matters legally.
• Banks and building societies — even student bank accounts are private. Without an LPA, a parent cannot access your account, pay bills, or stop direct debits if you are incapacitated.

These are practical, everyday problems that a simple LPA can solve — not just crisis scenarios involving life support decisions. For students, a Property and Financial Affairs LPA in particular can prevent significant financial disruption during difficult periods.

University Students and Travelling Abroad

Young people heading off to university or travelling abroad are at a stage of life where independence is growing, but the safety net of family support is still essential. Consider these scenarios:

Young Families

If you are a young parent, an LPA becomes even more important. Consider what would happen to your family's finances if you were suddenly unable to manage them. Your partner might not be able to:

• Access accounts held solely in your name
• Pay the mortgage or rent from your account
• Manage your share of a joint business
• Deal with your employer about sick pay or benefits
• Make decisions about your medical treatment or care

Many people assume that being married or in a civil partnership gives their spouse automatic authority, but this is not the case. Marriage does not give your partner the right to manage your bank accounts, access your pension, or make healthcare decisions on your behalf. Only an LPA or a court-appointed deputyship provides that authority.

For young families, creating both types of LPA — Property and Financial Affairs and Health and Welfare — provides complete protection. Many couples create LPAs for both partners at the same time, naming each other as primary attorneys and a parent or sibling as a replacement.

Being married or in a civil partnership does not give your spouse any automatic legal authority over your finances or healthcare decisions. An LPA is the only way to ensure they can act on your behalf.

The Cost Is Low Compared to the Consequences

One of the main reasons young people put off creating an LPA is the perception that it is expensive. In reality, the cost is remarkably low:

For the cost of a modest night out, you can put in place a legal safeguard that protects you and your family for the rest of your life. When you consider that a deputyship application can cost ten to twenty times more and takes months to process, an LPA is one of the most cost-effective legal documents you can create.

Real Scenarios: Why Young People Need an LPA

Here are some real-world situations where a young adult without an LPA would leave their family in a difficult position:

• A 22-year-old in a coma after a car accident: Parents cannot access their bank account to pay rent. The landlord begins eviction proceedings. The employer needs someone to liaise with about sick pay.
• A 25-year-old with a sudden brain haemorrhage: Their partner, who they live with but are not married to, has no legal standing at all. They cannot even access medical records without the hospital's discretion.
• A 30-year-old sole trader who suffers a stroke: No one can access the business bank account, pay suppliers, or collect debts. The business collapses while the family waits for a court order.
• A 19-year-old studying abroad who is hospitalised: Parents cannot speak to the insurance company, manage their finances, or make medical decisions from the UK.

Debunking the "I'm Too Young" Myth

The most common objection from young adults is simply: "I'm too young to need one." But this misunderstands what an LPA is for. An LPA is not a sign that you expect to become incapacitated — it is a practical legal safeguard, much like travel insurance or contents insurance. You do not buy travel insurance because you expect your flight to crash; you buy it because the cost of not having it, if something goes wrong, is far greater.

Consider these facts:

• You can only create an LPA while you have mental capacity — by definition, you cannot create one after you need it
• Once created and registered, an LPA lasts indefinitely — there is no need to renew it
• Having an LPA does not mean giving up any control — you continue to make all your own decisions while you have capacity
• A Property and Financial Affairs LPA can also be useful while you have capacity, allowing a trusted person to help with admin when convenient
• The process is straightforward and can be completed online in under an hour

How to Get Started

Creating an LPA as a young adult is exactly the same process as for anyone else. You need to be 18 or over and have mental capacity. The key decisions you will make are:

• Which type of LPA: Most young adults benefit from both a Property and Financial Affairs LPA and a Health and Welfare LPA. Together, they cover financial matters and healthcare decisions.
• Who to appoint as attorneys: Parents are a common choice for younger people. You can also appoint a partner, sibling, or trusted friend. You can name multiple attorneys and specify whether they act jointly or independently.
• Replacement attorneys: These are backup attorneys who step in if your primary attorney is unable to act. Including a replacement adds an extra layer of protection.
• A certificate provider: This is an independent person who confirms you understand what you are doing. A family friend, colleague, or professional such as a GP or solicitor can fulfil this role.

Our guided online service walks you through every step, and the entire process can be completed from your phone or laptop. The LPA is then posted to the OPG for registration, and once stamped, it is valid for life.

Key Questions on LPAs for Young Adults

This guide was last reviewed and updated on 16 March 2026. Information is based on current legislation and OPG guidance for England and Wales.

Back to Guides