When a child turns 18, they become an adult in law, and their parents lose the automatic authority they had before. Most families never notice the change. But if a young adult has a serious accident or illness, it can matter a great deal. This guide explains what changes at 18 and how LPAs for young adults can help, under the law of England and Wales.
What changes when your child turns 18
At 18, parental responsibility ends. You no longer have an automatic right to make decisions or manage money on your child’s behalf. Doctors and hospitals will normally speak to your child, not you, and banks and universities deal with them directly.
For most families this never causes difficulty. However, suppose a young adult has a serious accident or illness and cannot make decisions for themselves. In that case, their parents do not automatically have authority to act for them.
Health professionals will make decisions in the young person’s best interests under the Mental Capacity Act 2005, usually after consulting the family. Even so, a parent has no legal power to decide. Managing their money, such as a bank account, student finance or a tenancy, can be harder still. It may even need an application to the Court of Protection, which takes time and costs money.
What is a Lasting Power of Attorney?
A Lasting Power of Attorney (LPA) is a legal document. In it, someone (the “donor”) appoints people they trust (the “attorneys”) to make decisions for them. Anyone aged 18 or over who has mental capacity can make one. There are two types.
Property and Financial Affairs LPA
This LPA lets attorneys deal with money and property, such as bank accounts and bills. Once registered, and with the donor’s permission, attorneys can use it while the donor still has capacity. For example, this can help when a young person is travelling or studying abroad.
Health and Welfare LPA
This LPA lets attorneys make decisions about care and medical treatment. However, they can only do so once it is registered and when the donor lacks capacity for that decision. The donor can also choose whether to give attorneys authority over life-sustaining treatment.
Why LPAs for young adults are worth considering
Many people think LPAs are only for older people. In fact, loss of capacity can happen at any age, after an accident or a sudden illness. So LPAs for young adults are a practical step, particularly when a child is leaving home for university, work or travel.
Without LPAs, nobody has automatic authority, not even a parent. With registered LPAs, the people your child chose can act quickly, with clear legal authority, if they are ever needed.
The decision belongs to your child
An LPA must be your child’s own choice. They decide whether to make one, whom to appoint and what powers to give. A parent cannot make an LPA on a child’s behalf.
A certificate provider must also confirm that your child understands the LPA and that nobody is pressuring them. Many young adults choose a parent, but some choose another relative, a partner or a trusted friend. They can also name replacement attorneys in case their first choice cannot act.
Timing and registration
Your child can make an LPA at any time from their 18th birthday, provided they have capacity. There is no deadline. However, nobody can make an LPA after losing capacity, so it is something to do in advance rather than after an emergency.
The Office of the Public Guardian (OPG) must register an LPA before anyone can use it. The OPG fee is £92 per LPA, although reductions or exemptions may apply. For example, people on a low income may qualify, and that can include some students. Registration currently takes around 8 to 10 weeks. So it is sensible not to wait until a child is about to leave home. GOV.UK has more detail on making and registering an LPA.
How the signing works
The steps are the same at any age:
- Your child chooses their attorneys and any replacements.
- The LPA forms are completed, one for each type.
- Your child signs first, in front of a witness.
- The certificate provider then signs.
- Finally, the attorneys sign, also in front of a witness.
- The LPA is sent to the OPG for registration.
The Powers of Attorney Act 2023 allows more of this process to move online, with new identity checks introduced in stages. So check GOV.UK for the current position before you start.
Reviewing an LPA later
Once registered, an LPA stays valid unless the donor cancels it or something ends an attorney’s appointment. Young adults’ lives change quickly, so it is worth looking at an LPA again after major events, such as marriage, a new partner or moving abroad. As long as the donor has capacity, they can cancel an LPA and make a new one.
Other financial matters
Savings, insurance and investment products are outside what A.D.E. Wills advises on. If you would like advice on these, we can refer you to an appropriate professional.
How A.D.E. Wills can help
A.D.E. Wills is a small practice run by Edward Richings, a Full Member of the Society of Will Writers. We can prepare LPAs for young adults, act as certificate provider and deal with registration. With our Full Service LPA, we also attend the signing as witness. Alternatively, our Self-Sign LPA lets your son or daughter sign at home. Our fees are fixed and shown on the LPAs Pricing page, plus the OPG fee.
Your initial chat is free and can be online or over the phone. To talk about an LPA for your son or daughter, call 01865 507174 or email info@adewills.co.uk. You can read more on our Lasting Powers of Attorney page.
