Why should married couples have a Lasting Power of Attorney?

04th August 2025

Updated: Tuesday 23rd December 2025

Many married couples assume their spouse can automatically step in and make decisions if something goes wrong. In UK law, this is not the case. Marriage does not give legal authority to manage finances or make health decisions if mental capacity is lost.

A Lasting Power of Attorney, made using a service like Power of Attorney Online, is the only way to ensure your spouse can legally act for you when it matters most.

Can my spouse make decisions for me without an LPA?

No. Without a valid LPA, your spouse cannot access your bank accounts, deal with pensions, sell property or make health and welfare decisions on your behalf.

Even joint finances can be affected. Banks, utility companies, and care providers must follow strict legal rules. Without an LPA, they may refuse to speak to your spouse at all.

This often comes as a shock during an already stressful time.

How does an LPA protect married couples personally?

An LPA allows each partner to step in smoothly if the other becomes unwell or loses capacity. It removes uncertainty and avoids delays when decisions need to be made quickly.

For finances, a Property and Financial Affairs LPA allows your spouse to pay bills, manage savings, and deal with property. For care, a Health and Welfare LPA ensures your spouse can speak to doctors, consent to treatment, and make decisions about daily care.

This planning reduces emotional strain not only for your partner, but also for children and wider family members.

What happens if a married couple has no LPA in place?

If there is no LPA, your spouse may need to apply to the Court of Protection for deputyship. This process is slow, expensive and stressful.

Applications can take several months. During that time, important decisions about care, finances, or property may be delayed. There are application fees, annual supervision costs and ongoing reporting requirements.

Creating an LPA in advance avoids this situation entirely.

How do LPAs help the wider legal system?

When couples have LPAs in place, fewer families need to apply to the Court of Protection. This reduces pressure on the courts and allows judges and staff to focus on complex or disputed cases.

Planning ahead is not just a personal benefit. It is a practical step that helps reduce unnecessary legal bottlenecks across the system.

Do LPAs support the NHS and social care services?

Yes. Clear legal authority allows healthcare professionals to act without delay. Doctors and care teams can communicate with the right decision maker immediately, which supports faster treatment decisions and smoother discharge planning.

This clarity can prevent unnecessary hospital stays and reduce delays caused by uncertainty about consent or authority.

Why should married couples act early?

Loss of capacity can happen at any age through illness, accidents or sudden medical events. Many people wrongly believe LPAs are only for later life.

As consumer experts often point out, setting up an LPA early is sensible life planning. It ensures your wishes are respected and your spouse is protected, no matter what the future holds.

An LPA is not just a legal document. It is a way to protect each other, reduce stress for your family, and support the wider system.

For married couples, planning ahead with an LPA is one of the most responsible decisions you can make.