At 19, Her Parents Couldn’t Simply Step In: The Reality Many Families Don’t See Coming
Most people think Lasting Powers of Attorney are something you sort out later in life.
- Retirement
- Old age
- Care homes
Not something associated with a healthy 18- or 19-year-old.
But a recent UK legal case highlighted just how quickly life can change, and how difficult things can become when no legal protection is in place.
Without a Lasting Power of Attorney (LPA), your loved ones could face lengthy delays, costly legal processes, and difficult decisions if you lose the ability to manage your affairs. Learn how an LPA can give you and your family peace of mind by speaking with our team today.
The Case That Shocked Many Families
In 2023, 19-year-old student Sudiksha Thirumalesh became the centre of a highly publicised Court of Protection case after disagreements arose over her medical treatment while she was seriously ill in hospital. Doctors believed treatment should be withdrawn, having been wrongly forced into palliative care by medics, while Sudiksha and her family wanted alternative options explored.
The case later reached the Court of Appeal, where judges ruled concerns around her mental capacity had been wrongly assessed.
While the circumstances were complex and deeply tragic, the story brought national attention to an issue many parents never think about:
Once a child turns 18, parents no longer automatically have the legal authority to make decisions on their behalf.
Turning 18 Changes Everything Legally
For many families, that comes as a huge surprise.
You may still be helping with university applications, paying their phone bill, or reminding them to do their washing, but legally, adulthood begins at 18.
That means if a young adult becomes seriously ill or loses mental capacity due to an accident, injury, or medical emergency, parents can face restrictions when trying to:
- Speak to professionals on their behalf
- Access financial information
- Help manage important affairs
- Make certain health and welfare decisions
Without a Lasting Power of Attorney in place, families may need to apply to the Court of Protection for legal authority to help, a process that can be stressful, expensive, and time-consuming during an already emotional situation.
“But They’re Young…”
That’s exactly why many people delay putting protections in place.
Nobody expects an 18-year-old to need a Lasting Power of Attorney.
But serious accidents, sports injuries, mental health crises, and sudden illnesses can happen at any age. The NHS Mental Capacity Act guidance specifically recognises brain injuries, unconsciousness, and mental health conditions as situations where someone may temporarily or permanently lose the ability to make decisions for themselves.
An LPA isn’t about expecting the worst. It’s about making sure trusted people can step in quickly if life takes an unexpected turn.
A Quiet Form of Protection
More families are now encouraging young adults heading off to university, travelling, or starting work to consider putting LPAs in place early.
Not because it’s dramatic.
Not because it’s pessimistic.
Because it’s practical.
Much like insurance, you hope it’s never needed, but if it is, it can make an enormous difference.
Why Professional Advice Matters
After a long and costly legal process, Sudiksha’s parents eventually won their case about patients’ right to make decisions about their treatment in a landmark ruling at the Court of Appeal, which clearly illustrated why it is so important to set up a Lasting Power of Attorney correctly. In fact, thousands of LPA applications are rejected every year because of mistakes or missing information.
At Redwood, we help Clients put the right protections in place clearly and carefully, with Professional Advice tailored to their circumstances.
Because peace of mind shouldn’t start later in life.
Sometimes it should start at 18.
For more guidance on Lasting Powers of Attorney and why they matter, watch our short video where we explain the key benefits and common misconceptions. It’s a simple way to understand how putting an LPA in place can help protect you and your loved ones in the future.
