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A Lasting Power of Attorney (LPA) should ideally be put in place before you expect to need it, while you still have the mental capacity to understand and make the arrangement.
There is no particular age at which everyone should make one. For some people, the subject comes up when reviewing a will or planning for retirement. Others start thinking about it after buying property, taking on greater financial responsibilities or receiving a health diagnosis.
The important point is not to wait until someone can no longer make the arrangement themselves. Planning ahead gives you time to decide who you trust and how you would want certain decisions handled if your circumstances changed.
The best time is generally while you are well, able to make your own decisions and have plenty of time to consider who you want to appoint.
You must be aged 18 or over and have the required mental capacity when making a Lasting Power of Attorney in England and Wales. The document must also be registered with the Office of the Public Guardian before it can be used.
It is therefore better viewed as advance planning rather than something to arrange only when an emergency occurs.
Putting arrangements in place earlier gives you the opportunity to make important decisions without unnecessary pressure.
You have time to:
- Choose someone you genuinely trust.
- Discuss the responsibility with them.
- Decide whether to appoint one attorney or more than one.
- Consider both financial and welfare decisions.
- Include appropriate preferences or instructions.
- Complete the registration process.
- Consider how everything fits alongside your will and wider estate planning.
Making these arrangements does not automatically mean giving someone else control of your affairs. What an attorney can do and when they can act depends on the type of document and how it has been set up.
There is no universal age at which you should make one.
Although this type of planning is often associated with older people, illness and injury can affect decision-making ability at different stages of adulthood.
It may be worth considering your options if you:
- Own a home or significant financial assets.
- Have children or other dependants.
- Run a business.
- Are approaching retirement.
- Are reviewing your will or estate planning.
- Receive a diagnosis that could affect your ability to make decisions in the future.
- A more useful question than “What age should I get an LPA?” is often “What would happen if I suddenly couldn't manage important decisions myself?”
If that situation would create significant difficulties for you or your family, it may be worth planning ahead.
A dementia diagnosis does not automatically mean it is too late.
Mental capacity is decision-specific. The important question is whether the person can understand the nature and significance of the arrangement when they make it.
Someone may therefore have a condition affecting memory or cognition without automatically lacking the capacity to make every decision.
Where there are concerns about a person's understanding, appropriate professional guidance may be necessary. It is also sensible not to delay simply because someone assumes the arrangements can always be made later.
A person cannot create a new Lasting Power of Attorney once they no longer have the mental capacity required to make that particular decision.
This is an important distinction because relatives do not automatically gain legal authority to take over someone's affairs if capacity is lost.
Depending on the circumstances, an application to the Court of Protection may instead be required for someone to become a deputy and make certain decisions on the person's behalf.
Planning in advance means you have the opportunity to choose the people you trust yourself.
There is a difference between making the document, registering it, and an attorney being able to use it.
Registration with the Office of the Public Guardian is required before it can be used. What happens after registration depends partly on which of the two types you have made.
This can cover matters such as:
Once registered, a Property and Financial Affairs LPA can potentially be used while you still have mental capacity, depending on how the arrangement has been set up.
This can cover decisions involving:
A Health and Welfare LPA can only be used for a particular decision when you lack the capacity to make that decision yourself.
You can find a fuller explanation of both options on our Lasting Power of Attorney service page.
If you remain able to manage your own affairs throughout your life, the authority may never need to be used.
The difficulty arises when capacity is lost unexpectedly and another person needs legal authority to deal with something you can no longer manage yourself.
A spouse, partner or adult child does not automatically gain unrestricted authority over your finances or healthcare because of their relationship to you.
Where no advance arrangement exists, additional legal processes may be necessary depending on the decisions involved. This is why planning ahead is primarily about choice and preparation, rather than predicting whether you will ever lose capacity.
It can be useful to consider them together, but they have different purposes.
A will deals principally with what happens to your estate after your death.
A Lasting Power of Attorney concerns certain decisions made during your lifetime.
For example, your will can state who should inherit your property, while a Property and Financial Affairs arrangement can give someone authority to deal with relevant financial or property matters during your lifetime if required.
Neither replaces the other. If you are already reviewing your estate planning, it can therefore be practical to consider whether you need both.
You can find further information about making a professionally written will or explore our wider estate planning services.
Timing matters, but so does the person you appoint.
Think carefully about whether they:
Do not choose someone solely because they are the oldest child, closest relative or most obvious person. The role carries genuine responsibility, so trust and suitability should come first.
There is no legal requirement for every adult to have one. However, you may wish to consider it if you want to choose in advance who could make certain decisions for you if you became unable to make them yourself.
Yes. You do not need to be ill or have a medical diagnosis. Arranging things while you are healthy can give you more time to consider your choices without the pressure of an immediate problem.
Waiting carries a risk. You must have the required mental capacity when making the arrangement. If capacity for that decision has already been lost, a new LPA cannot be created.
Registration is not immediate, so this should not be treated as an emergency document. Current processing times can change and should be checked with the Office of the Public Guardian or GOV.UK when you are ready to apply.
Not necessarily. You can make a Property and Financial Affairs LPA, a Health and Welfare LPA, or both. The appropriate choice depends on the decisions you want your attorneys to be able to make.
There is no perfect age or single life event that tells you when to put an LPA in place. The key consideration is whether you want to decide now who could act for you if you were unable to make certain decisions in the future.
London Will Writing has helped individuals and families with estate planning since 2007, with home, phone and Zoom appointments available.
If you are considering whether the time is right to make these arrangements, you can learn more about our Lasting Power of Attorney service or arrange a consultation to discuss your circumstances.
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