LPA When You Have Young Children: Coordinating With Your Will and Guardianship Wishes

When parents of young children ask themselves “do I need an LPA?”, the answer is usually yes. However, a Lasting Power of Attorney forms only part of a comprehensive estate plan when dependent children are involved. Parents must carefully coordinate their LPA with their Will and guardianship wishes to ensure that both decision making authority and financial provision are secured if the unthinkable happens. This article explores how a Lasting Power of Attorney works alongside a Will when young children are present, and why both documents are essential for protecting a family’s future.

Why Parents Need Both an LPA and a Will

An LPA and a Will serve fundamentally different purposes, yet both are critical when children depend on parental care and resources. A Lasting Power of Attorney takes effect during the parent’s lifetime if they lose mental capacity, allowing appointed attorneys to make decisions about health, welfare, and finances. A Will, by contrast, only comes into effect after death and determines how assets are distributed and who will care for children. Parents who have only a Will but no LPA leave a dangerous gap: if they lose capacity through accident or illness before death, no legal framework exists for managing their affairs or protecting their children’s immediate needs.

An LPA without a Will fails to address what happens to the children’s long term financial security and care after the parent passes away. Effective planning requires both documents working in tandem.

What Is How an LPA Protects Decision making for Young Children?

When parents have young children, the decisions an LPA enables become particularly critical. A Health and Welfare Lasting Power of Attorney allows appointed attorneys to make medical decisions on behalf of an incapacitated parent, including decisions about the children’s medical care if the parent is unable to consent. This might involve authorising surgery, vaccinations, or changes in schooling arrangements. The LPA also covers consent to care and treatment for the children themselves if the parent loses the ability to participate in parental decision making.

Without this document, healthcare providers cannot proceed with routine medical decisions for either parent or child, creating delays that could harm vulnerable dependents. Parents should understand that this LPA is their primary tool for maintaining decision making authority over their children’s welfare while protecting their own health interests.

How Property and Financial Affairs LPA Supports Children’s Needs

Young children cannot be left without financial support or a home if a parent loses capacity. A Property and Financial Affairs Lasting Power of Attorney enables appointed attorneys to manage bank accounts, pay household bills, maintain the family home, and access funds necessary for the children’s education, healthcare, and daily living expenses. Without this LPA, even a spouse or partner cannot access joint accounts or pay mortgage payments without applying to the Court of Protection, a process that is slow, expensive, and distressing during a family crisis.

The attorney can also manage investments, claim benefits, and arrange childcare as needed. Parents should ensure their Property and Financial Affairs LPA authorises attorneys to make decisions that directly support their children’s living standards and security.

What Is The Critical Difference Between LPA and Guardianship Nominations?

One of the most misunderstood aspects of estate planning for parents is the relationship between an LPA and guardianship wishes expressed in a Will. An LPA does not designate who will care for the children if both parents die or become unable to parent. Instead, a Will contains guardianship nominations expressing the parents’ wishes about who should take on parental responsibility for young children.

If a parent loses capacity while the children are still young, the LPA appointed attorneys manage the parent’s affairs and make decisions on their behalf, but the children remain in the care of the other parent (if living with them) or whoever is currently caring for them. The guardianship nomination in the Will only becomes relevant if both parents pass away. Confusion between these roles can lead parents to neglect either document, leaving critical gaps in protection. Both must be in place and must designate people who can work together effectively.

What Happens Without an LPA When Children Are Dependent

The consequences of losing mental capacity without a Lasting Power of Attorney in place are severe when children depend on parental care. The article on what happens when losing mental capacity without an LPA details these risks, but parents with young children face additional complications. If an incapacitated parent has no LPA, the family may need to apply to the Court of Protection to obtain authority for managing the parent’s finances and making decisions about their care.

How Do You Choose Attorneys When Young Children Are Involved?

Selecting attorneys is more complex when young children are present. Parents must choose people they trust completely to manage substantial family assets and make medical and care decisions that directly affect the children’s wellbeing. Many parents appoint a spouse or partner as the primary attorney for Property and Financial Affairs, ensuring the household finances remain stable and accessible.

For Health and Welfare, parents might appoint a combination of the spouse or partner and an adult child, sibling, or trusted friend who understands the parent’s values regarding medical treatment and childcare. Importantly, parents should consider whether their attorney selections align with their guardianship nominations in their Will. If the same people are managing the estate and caring for the children, they can work more cohesively. However, parents should never appoint someone as attorney simply because they are also named as a guardian. Attorneys must have financial acumen and reliability; guardians must have parenting ability. These are not always the same person.

What Is Coordinating the LPA With a Will and Guardianship Wishes?

Effective coordination between an LPA and a Will requires deliberate planning. The Will should clearly name guardians for the children and should also establish a testamentary trust or other mechanism for holding and managing any inheritance for the children’s benefit. The Property and Financial Affairs LPA should ensure that appointed attorneys can access funds to support the children during the parent’s incapacity. Parents should consider whether their appointed attorneys should also serve as trustees under the Will, as continuity of financial management can benefit the family.

Additionally, parents should update both documents together. If guardianship wishes change, the Will is revised; if family circumstances shift, the LPA attorney appointments may also need revision. Some parents include side letters or notes explaining their reasoning for attorney and guardian selections, which can help these individuals work together and understand the parent’s intentions.

What Is Reviewing and Updating LPA and Will as Children Grow?

An LPA and Will created when children are young require periodic review. As children reach adulthood, their needs change, and the parents’ concerns shift. A Health and Welfare LPA that included decisions about school choice and medical consent for a six-year-old may need updating when the child becomes a teenager. Parents should review both documents every three to five years or whenever significant family events occur, such as additional children being born, divorce, remarriage, or significant changes in family finances.

Some attorneys may wish to step down as their own circumstances change. New guardians might need to be considered if originally named guardians move abroad or become unable to serve. Regular review ensures that both the LPA and the Will continue to reflect the parents’ current wishes and family circumstances. Neglecting to update can result in outdated attorney and guardian selections, which may not serve the children’s best interests.

Please note: Lasting Powers of Attorney apply in England and Wales only. Different rules apply in Scotland and Northern Ireland.

Frequently Asked Questions

Can an LPA name someone as a guardian for children if a parent becomes incapacitated?

No. An LPA cannot designate guardians for minor children. The Lasting Power of Attorney appoints people to make decisions on behalf of the parent if they lose capacity; it does not determine who cares for or has parental responsibility for children. Guardianship nominations are made in a Will. However, the people appointed as attorneys should ideally work well with those named as guardians to ensure the children’s care and finances are coordinated.

What should parents do if both become incapacitated at the same time?

If both parents lose capacity simultaneously without LPAs in place, serious complications arise. Courts may need to become involved to determine guardianship and financial management. This is why both parents must execute separate LPAs naming different attorneys where possible. For example, one parent might appoint their sibling as attorney while the other appoints a trusted friend or adult child. Additionally, both parents should have comprehensive Wills naming guardians and testamentary trustees so that if both die simultaneously, the children’s care and finances are managed according to their wishes.

Is a separate Health and Welfare LPA needed just for making medical decisions about children?

A Health and Welfare LPA does cover the ability to make medical decisions on behalf of children if the parent is unable to do so, but it is not separate from the general Health and Welfare LPA that covers decisions about the parent’s own health and treatment. A single Health and Welfare Lasting Power of Attorney covers both the parent’s own healthcare decisions and their role as a parent in consenting to their children’s medical care. It is not possible to create an LPA solely for the children; the document applies to the parent’s decision making capacity as a whole.

Can a young adult child be appointed as attorney if there are younger children?

Yes, an adult child can be appointed as attorney, and this may be sensible for Property and Financial Affairs decisions if they have financial competence. However, they should be appointed as Health and Welfare attorney only if they would make decisions in line with the parent’s values. Young adults may lack experience in healthcare decision making or may be emotionally distressed if parents become seriously ill. Many parents appoint an adult child alongside a more experienced co-attorney, such as a spouse, trusted friend, or professional advisor. The person appointed should be able to work cooperatively with those named as guardians in the Will.

What happens to an LPA after children turn 18?

A Lasting Power of Attorney remains valid and effective for as long as the donor wishes, even after children become adults. The LPA does not expire when children reach adulthood. However, parents should review whether they want to update the LPA’s scope or attorney appointments now that children no longer depend on them for parental decisions. Many parents remove or modify provisions related to children’s medical consent once those children are legally able to make their own healthcare decisions. Consider whether the LPA still reflects current wishes and whether the appointed attorneys remain the right people for the role.

TL;DR: LPA When You Have Young Children

Parents of young children must have both a Lasting Power of Attorney and a Will to ensure their family is protected if they lose capacity or pass away.

• An LPA enables attorneys to manage finances and make healthcare decisions if a parent loses mental capacity.
• A Will nominates guardians for children and determines how assets are distributed.
• Both documents are essential; without either one, children are at serious risk if a parent becomes incapacitated or dies.
• Choose attorneys and guardians who align in values and can cooperate on behalf of the children.
• Review the LPA and Will every three to five years or when family circumstances change significantly.

More From Elwyn & Mabel

Creating a Lasting Power of Attorney is one of the most important steps in planning for the future. Download the free Lasting Power of Attorney Checklist for a step by step guide to getting your LPA in place, explained in plain language.

For personalised guidance on creating a Lasting Power of Attorney or any aspect of estate planning, book a free consultation with Elwyn & Mabel. The team will answer questions, review individual circumstances, and help put the right plan in place.