Many married couples assume that, if one person became unwell or could no longer make certain decisions, their husband, wife or civil partner would automatically be allowed to manage everything for them.

In many cases, that is not automatically true.

A Lasting Power of Attorney—usually called an LPA—is a legal document that lets you choose one or more people you trust to help make decisions for you, or to make decisions on your behalf if you cannot make them yourself. You can choose a spouse, civil partner, other family member, friend, or another trusted person as your attorney.

Being married does not give automatic authority

Marriage is an important legal relationship, but it does not automatically give your spouse full legal authority to deal with all of your finances, property, health decisions or care arrangements.

Without the appropriate legal authority, a spouse may face difficulties dealing with certain organisations or decisions if you lose the ability to make those decisions yourself.

An LPA allows you to decide in advance:

• Who you want to help you.

• What decisions they may be able to make.

• Whether they should act together or separately, depending on the choices available.

• Who you would want as a replacement if an attorney cannot act.

Putting an LPA in place is not about expecting the worst. It is about giving yourself more choice and making things clearer for the people close to you.

The two types of LPA

In England and Wales, there are two main types of Lasting Power of Attorney. You can make one, or both, depending on your circumstances.

Property and Financial Affairs LPA

This type can allow your chosen attorney or attorneys to help with decisions about money and property. This may include things such as:

• Managing bank or building-society accounts.

• Paying household bills.

• Collecting pensions or benefits.

• Managing investments or other financial matters.

• Dealing with property, where appropriate.

Depending on the choices made in the LPA, this type may be used with your permission while you still have mental capacity, or when you are unable to make those decisions yourself.

Health and Welfare LPA

This type covers personal welfare and care decisions. It can include decisions about:

• Day-to-day care and support.

• Medical care and treatment.

• Where you live, including moving into a care home.

• Life-sustaining treatment, if you choose to give your attorney that authority.

A Health and Welfare LPA can only be used if you are unable to make the relevant decisions yourself.

Why couples often choose to make LPAs

Every family situation is different, but married couples often choose to make LPAs because they want clarity if one person becomes unable to manage certain decisions.

Common reasons include:

• Wanting a spouse or partner to be formally recognised as the person who can help.

• Making sure adult children or other trusted relatives understand who has authority.

• Planning ahead while decisions can be made calmly and without pressure.

• Reducing uncertainty for loved ones during an already difficult time.

• Making sure preferences are considered if health or care decisions need to be made.

An LPA does not take away your independence. You remain in control while you can make your own decisions. It is a way to choose who could help if the need ever arises.

Who should I choose as my attorney?

Your attorney should be someone you trust to act in your best interests. This could be your spouse, civil partner, adult child, friend, or more than one person.

Before choosing, it can help to think about whether the person:

• Understands your wishes and values.

• Is comfortable handling responsibility.

• Is likely to be available if needed.

• Can communicate well with other family members and organisations.

• Is someone you trust to make decisions carefully.

You can choose more than one attorney and decide whether they must make all decisions together or whether they can act independently in some situations. The right choice depends on your personal circumstances.

Does an LPA need to be registered?

Yes. An LPA needs to be registered with the Office of the Public Guardian before it can be used. The registration process includes an official fee, which can change over time; reductions or exemptions may be available in some circumstances.

Because the forms and choices can be detailed, many people prefer to discuss their circumstances before deciding what type of LPA they need and who they would like to appoint.

A simple next step

If you are married, it is understandable to assume that your spouse could automatically deal with everything if you became unwell. However, an LPA is the formal way to appoint the people you trust and set out the authority you want them to have.

If you would like to understand the options, Andy at Your Secured Legacy can talk through the process in plain English and help you decide what is appropriate for your circumstances.

Book a free 15-minute call with Andy to discuss Lasting Powers of Attorney.

Important note

This article provides general information for people in England and Wales. It is not a substitute for advice based on your personal circumstances. Rules and official fees can change, so check current information with the Office of the Public Guardian or speak with a qualified professional before making decisions.