Can You Appoint a Power of Attorney at 20?

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Power of Attorney (POA) is an effective legal instrument that is relevant irrespective of your age. While it’s most commonly associated with elderly care or people expecting incapacitation due to illness, POAs are designed to serve as legal protection for all age groups. With the risk of unforeseen accidents, illnesses, and disabilities, many may find themselves vulnerable in such times regardless of their age.

Therefore, Power of Attorney can be considered a protective legal instrument for individuals in the event they become incapable of making decisions for themselves, whether temporarily or permanently. A POA enables the donor (the individual making the POA) to appoint a trustworthy person, a friend, family member, or solicitor to handle their affairs during the period of such incapacity.

As a young adult, navigating a POA and its legal implications may seem like a daunting task. That’s why we bring you this article to help make this process simpler.

1. Legal Considerations

POAs are of two types, one for financial affairs & the other for physical well-being. Donors can appoint two different attorneys to handle the two separately (recommended) or entrust one attorney with both POAs. Fortunately, you can easily make a power of attorney online these days without worrying about the paperwork and the in-person visits to solicitors. However, since a POA entails giving another person authority to manage your affairs, you must consider a few things before you get started.

If this is the first time you’re dealing with a legal document, an experienced solicitor will help you draft a POA in compliance with the laws of your jurisdiction. For example, while most young adults above 18 are considered to be of legal age to grant a POA, in Scotland the age is 16. On the other hand, the POA process itself differs slightly in Northern Ireland.

You also need to consider a few other things, like the fact that your attorney cannot be a minor or be bankrupt. This is especially relevant in the case of finance &property-related POAs to avoid conflict of interest. In some places, you’d also need two witnesses to be present at the registration of your POA.

This is in addition to having the implicit or explicit acceptance of your potential attorney to such a responsibility.

At 20, you’re more than capable of appointing a POA. The more important requirement, however, is that you should be able to make informed decisions. That includes being able to choose the right attorney as well as determining the right reasons to back this decision.

That said, health issues are not the only reason to consider having a POA. If you travel abroad regularly, study in a different location than your hometown, lead an active or adventurous lifestyle, or need assistance with managing your finances, you could consider appointing a POA early on.

2. When Does It Come Into Effect

It’s an underrated blessing to have a loving family or friends for a support system. However, in case of a tragic event that renders you incapacitated, your family member may have to go through the lengthy process of applying for guardianship in court. This can be avoided with a POA.

Yet, if you’re not anticipating any incapacitation due to illness at the moment, you could also consider writing the POA & not registering it until it's needed.

An unregistered POA can be taken for registration to the office of the public guardian (OPG) at such a time when you need it. An example of this would be your doctor certifying your treatment plan for an illness that could potentially render you temporarily unfit to handle physical health matters.

In such times, you can register your POA at the OPG, where your attorney will have to fill out the relevant forms accompanied by a small fee. This will be held in records at the OPG & your POA will come into effect only after that.

It is to be noted that in matters of physical welfare POAs, attorneys can only exercise authority concerning your health. For them to act on your behalf in financial matters, you’ll have to authorise them separately.

3. Considerations At 20

The average 20-year-old is standing on the threshold of adulthood and its many responsibilities while also bidding adieu to the impulsiveness & impatience of yesteryear.

It’s also a highly risky time because of inexperience in the real world. While you may have grown up online with the advantages of technology, real life can still be full of potential pitfalls as you begin taking on more responsibilities and expanding your worldview.

In fact, the financial habits & responsibilities that you need to adapt now can impact your life in the 30s and beyond. That’s why it’s a crucial time to practice patience, learn as much as possible, and take advice to set strong foundations.

If you feel unsure, talking to a financial advisor or appointing a finance POA can prove helpful. If you’re considering a finance/asset-related POA, ensure that your attorney understands your needs and can manage this responsibly.

Conclusion

Appointing a POA, be it for financial reasons or your physical-welfare, can end up becoming an overwhelming affair for a 20-year-old. As a result, you need to make sure you talk to your family members and friends before seeking a professional legal opinion.

POAs are serious legal instruments of authority. They are, however, incredibly useful when things turn south. Knowing that you have someone in your corner to take care of your affairs will give you much-needed peace as you go through the highs and lows of life.