Many people assume that LPAs are something to think about later in life, perhaps when their health starts to decline or retirement is on the horizon.
Discover everything you need to know about when you should set up power of attorney:
When we speak to clients at Heritage Estate Planning about Lasting Power of Attorney (LPA), one of the most common questions we hear is “when should I actually put this in place?” It’s an important question.
Many people assume that LPAs are something to think about later in life, perhaps when their health starts to decline or retirement is on the horizon. But the reality is quite different. In truth, the best time to set up a Power of Attorney is much earlier than most people expect.
If you’re unsure about when to set up an LPA, I’ll be covering everything you need to know about the best timeline moving forward in today’s article.
One of the key things we always explain is that, from a legal perspective, adulthood changes everything. As soon as you turn 18, you are considered fully responsible for your own decisions. That includes medical decisions, financial matters, and everything in between.
What often surprises people is that this also means parents no longer have the automatic right to step in. We’ve had conversations with parents who are shocked to learn that, once their child turns 18, they can’t make a doctor’s appointment on their behalf without permission. It’s a clear example of how the law prioritises individual autonomy.
So, if an 18-year-old were to have an accident or become unwell and lose mental capacity, no one, including their parents, would have the legal authority to manage their affairs without a Power of Attorney in place.
That’s why, technically speaking, the earliest and arguably best time to consider a Lasting Power of Attorney is from age 18.
While setting up an LPA at 18 may not be practical or front of mind for everyone, the underlying principle is simply – you need to have mental capacity to create one. If capacity is lost, even temporarily, the opportunity is gone.
That’s why we often say the best time to put a Power of Attorney in place is now, while everything is stable and there are no immediate concerns. It’s easy to assume that these situations are something for the distant future. But the reality is, none of us know what’s around the corner. Illness and accidents can happen at any stage of life, often without warning.
We’ve seen situations where someone has had a stroke completely out of the blue, or where a sudden health issue has changed everything overnight. In those moments, having an LPA already in place can make a significant difference.
Although “now” is always the ideal answer, in practice, many people choose to set up a Power of Attorney around key life events. Some of the most common trigger points include:
These are natural moments where people start to think more seriously about planning and protecting their future. For example, we often see parents wait until their children turn 18 so they can include them as attorneys. Others may revisit their arrangements after a relationship change to ensure the right people are appointed.
While life events can guide planning, many of the conversations we have are actually triggered by unexpected situations. It might be a family member who has developed dementia, or a friend or has had an accident. Sometimes it’s a sudden health scare that brings everything into focus.
We’ve spoken to clients who only started thinking about LPAs after a loved one was admitted to hospital and they realised they couldn’t step in to help. Others have experienced the impact of not having one in place and want to avoid the same situation for their own families. The common theme is that people often assume they have more time than they do. Unfortunately, that’s not always the case.
One of the reasons people delay setting up an LPA is uncertainty. They might wonder “what if my circumstances change”, or “what if I choose the wrong person?”
These are completely valid concerns, but shouldn’t be an obstacle to you making arrangements. An LPA isn’t set in stone. As long as you still have mental capacity, you can revoke it and create a new one at any time. This means you can adapt your arrangements as your life evolves. For example:
There may be some additional cost in making changes, but the flexibility is there. This gives you the reassurance that you’re not making a permanent decision that can’t be revisited.
One of the biggest differences we see in our work is between those who plan ahead and those who are forced to react. When an LPA is set up early, the process is straightforward. When it’s left too late, options become limited. Families may need to go through the Court of Protection, which is more complex, time-consuming, and restrictive.
So, when is the best time to set up a Power of Attorney? In simple terms, you should as soon as you’re able to make that decision for yourself. That might be at 18, or it might be later in life when you feel more settled. What matters most is that it’s done while you have the clarity and capacity to choose the right people and put the right plans in place.
At Heritage Estate Planning, we always encourage clients not to wait for a problem before taking action. If you’re interested in putting an LPA in place, get in touch today with our expert team today.
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