LPAs and learning disabilities
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
A learning disability does not mean a lack of capacity. The law starts from the presumption that the person can decide.
Start from the presumption of capacity
- Capacity is judged for this specific decision, at this time.
- Information must be given in a form the person can understand — easy read, pictures, plain language.
- Time, quiet and repetition are all part of a proper assessment.
- An unwise decision is not the same as an incapable one.
If an LPA is possible
Use a professional certificate provider who knows the person — a GP, social worker or specialist. Keep instructions simple, and consider making only the Property & Financial Affairs LPA if that is where the real need lies.
If it is not
| Need | Route |
|---|---|
| Benefits management | DWP appointeeship |
| Day-to-day money | Small payments handled by carers with records |
| Property, savings, larger sums | Court of Protection deputyship |
| Care and treatment | Best-interests decisions under the Mental Capacity Act |
Parents of a disabled adult
Parental authority ends at 18. If your adult child lacks capacity, deputyship or appointeeship is the route — you cannot make an LPA on their behalf.
Common questions
Can I make an LPA for my adult child?
No. Only the person themselves can make their own LPA, and only if they have capacity to do so.
Is an appointeeship enough?
Only for benefits income. It gives no authority over savings, property or contracts.
Read next
Where this fits
This page is part of Parents, couples and capacity. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- What an LPA costs in 2026
Our £49 and £79 prices, the £92 OPG registration fee, and solicitor comparisons.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Helping a parent or partner?
They make the decisions and sign, you can do all the paperwork. Start with the free capacity check.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group