Can my attorney be younger than me?
Yes. The only age rule is that an attorney must be 18 or over on the date they sign the LPA. There is no upper limit and no rule that an attorney must be close to your own age — in fact, appointing someone younger is usually the sounder plan, because an LPA is written to be used many years after it is signed.
Make your LPA online for £49
Answer simple questions. We prepare your LPA documents from your answers, ready for the next steps.
- £49 per LPA, or £79 for both types
- No solicitor required for straightforward LPAs
- Plain English questions, one screen at a time
- Save your progress and come back to it
- Checked for common completion errors as you go
- Review everything before you pay
The Office of the Public Guardian charges a separate £92 to register each LPA.
The rule, in full
The Mental Capacity Act sets one age test for attorneys: 18 or over on the date of signing. There is no test based on the donor's age, no requirement that attorney and donor be similar in age, and no upper age limit for the attorney either. A 22-year-old can be attorney for a 40-year-old parent, or for a grandparent of 85.
- Must be 18 or over when they sign — not when the LPA is registered or used
- No upper age limit at all
- No requirement that the attorney be related to or the same generation as the donor
- Mental capacity to act as attorney, separate from the age test
- For the Property & Financial Affairs LPA only, not bankrupt or subject to a debt relief order
Why age gap works in your favour
Most LPAs sit unused for years, sometimes decades, before anyone needs them. If your attorney is roughly your own age, there is a meaningful chance that by the time the LPA is needed, they too are dealing with their own health problems, or have lost capacity themselves. A younger attorney — an adult child, niece, nephew, godchild or younger friend — is statistically more likely to still be well, active and available when the document is finally used.
This is why many people in their sixties and seventies appoint children in their thirties or forties rather than a spouse of the same age alone. It does not mean a spouse should be excluded — pairing a spouse with a younger replacement, or appointing both jointly and severally, covers both the short term and the long term.
Choosing well, not just choosing young
Age is one factor among several. The better test is whether the person is organised, trustworthy with money or medical decisions, willing to deal with banks and paperwork, and able to make an unpopular call — refusing a request for money, for instance — if it is the right thing to do. A responsible 25-year-old beats a disorganised 55-year-old every time.
| Factor | Why it matters more than age |
|---|---|
| Availability | An attorney needs time to deal with banks, care providers and paperwork |
| Trustworthiness | Attorneys have real access to money or health decisions with limited oversight |
| Willingness | Being named without being asked first causes resentment and delay later |
| Location | Someone nearby can attend appointments and sign documents quickly |
| Temperament | The role sometimes means saying no to family requests |
Bankruptcy matters on the financial LPA
A bankrupt person, or someone subject to a debt relief order, cannot act as attorney on a Property & Financial Affairs LPA. It does not prevent them acting on a Health & Welfare LPA, where money is not involved.
Where this goes wrong on the form
- Naming someone who will turn 18 after the LPA is signed — they must already be 18 on signing, not on registration
- Assuming a young attorney needs a co-attorney by law — they do not, though pairing with someone more experienced is often sensible
- Forgetting to also name a younger replacement attorney, which defeats the purpose of choosing someone younger in the first place
- Picking someone young purely by age without checking they are willing and able to take on the responsibility
Worked example
Margaret, 68, is making both LPAs. Her husband is 71. Rather than naming only him, she appoints her husband and her daughter Priya, 34, jointly and severally, on both documents, with her son named as replacement. If her husband is unable to act by the time the LPA is used — twenty years from now, perhaps — Priya is still likely to be well placed to help, and the LPA does not depend on two people of the same generation both remaining fit.
Common questions
Can I appoint someone who turns 18 next year?
No. They must be 18 on the date they sign the LPA. You would need to wait until their birthday, or appoint someone else now and change your LPA later while you still have capacity.
Can my grandchild be my attorney?
Yes, provided they are 18 or over and have the mental capacity to understand the role. There is no rule against skipping a generation.
Does a younger attorney need any training or qualification?
No. There is no test of experience or qualification for attorneys — only age, capacity, and (for the financial LPA) not being bankrupt.
Is there a maximum age for an attorney?
No. An attorney can be any age from 18 upwards, including older than the donor, though most people appointing an older attorney also name a younger replacement.
Read next
Where this fits
This page is part of Attorneys and certificate providers. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- The LPA forms explained
LP1F, LP1H and LP3 — what each section asks and where people go wrong.
Making your own LPA?
Name your attorneys, set how they must decide together, and we prepare the forms for £49.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about Lasting Powers of Attorney in England and Wales. We are not a law firm and this is not legal advice about your situation. What we do and do not do.