‘My Spouse Can Sort It…’  Debunking Myths About Powers of Attorney

14 October, 2025 5 minutes reading time

Clients often hesitate to establish Lasting Powers of Attorney (LPAs). Yet, these crucial legal documents are vital for future planning. However, many people often misunderstand them and believe common myths about them.

LPAs enable you to appoint one or more trusted individuals, known as your “Attorneys,” to act on your behalf if you lose mental capacity. They help ensure your wishes are respected, whether the decisions concern your Property and Financial Affairs or your Health and Welfare.

Sadly, not everyone has lasting powers of attorney. There are numerous reasons for this. Here, we dispel the most common misconceptions to help you understand their importance.

Myth 1: “An LPA means I lose control of my finances and life immediately.”

The Reality: This is arguably the greatest fear, but it’s simply not true. You remain in control. 

As long as you have the mental capacity to make your own decisions, you continue to do so. Your Attorney should only step in to help when necessary. Furthermore, they must always support you in making your own choices wherever possible.

Crucially, as long as you have mental capacity, you can revoke or cancel an LPA at any time. This essential safety net ensures you retain the power to change your mind or remove an Attorney if circumstances change.

When LPAs come into effect:

1. A Health and Welfare LPA can only be used if you lack the mental capacity to make specific health or care decisions.

2. A Property and Financial Affairs LPA is used either when you lose capacity or, if you specifically allow it, while you still have capacity. For example, if you are physically unable to manage your accounts due to illness or travel. However, even if it is registered, you still have the right to make decisions for yourself until your capacity is lost.  

Myth 2: “I have a Will, so I don’t need an LPA.”

The Reality: A Will and an LPA are two entirely separate documents that cover different stages of your life.

A Will only takes effect after your death, specifying how your estate is to be divided. An LPA only functions during your lifetime, covering decisions about your finances, property, health, and welfare while you are alive but unable to make them yourself. If you lose capacity without an LPA, your Will cannot manage your affairs while you’re alive.

Myth 3: “My spouse/partner/next-of-kin can automatically step in and manage everything.”

The Reality: This is a significant misconception. The term ‘Next of Kin’ has no legal authority over your financial matters or medical treatment.

1. Even a married spouse or civil partner cannot automatically access bank accounts held solely in your name, sell your property, or make health and care decisions for you without an LPA.

2. If you lose capacity without an LPA, your family must apply to the Court of Protection to be appointed as a Deputy. This process is much more costly, time-consuming, and stressful than setting up an LPA in advance, and the person appointed may not be the one you would have chosen. 

Myth 4: “LPAs are only for the elderly or those with serious illness.”

The Reality: Loss of mental capacity can happen to anyone at any age due to a sudden accident, a stroke, a sudden illness, or even temporary unconsciousness.

You need the mental capacity to create an LPA. Waiting until it is actually needed is often too late. Setting up an LPA is an important part of planning that every adult should think about, no matter their current health or age.

Myth 5: “My Attorney has unlimited power to do whatever they want with my money.”

The Reality: Attorneys are bound by strict legal duties and must always act in your best interests, in accordance with the principles of the Mental Capacity Act.

1. They must make decisions they genuinely believe are in your best interests. For a Health and Welfare LPA, they must consider your past and current wishes and feelings.

2. They must be accountable. For example, they should keep your money separate from their own. They must maintain clear financial records. Additionally, the Office of the Public Guardian (OPG) can investigate them if there are concerns about their conduct. You can also include binding instructions and explicit preferences in the LPA document to guide your Attorneys. 

Our Advice

LPAs are a vital ‘insurance policy’ for your future. When you are at your most vulnerable, LPAs provide peace of mind. Someone you have actively selected, whom you trust, will make decisions on your behalf. They understand how you would want them to act if you are ever unable to speak for yourself. So, don’t let these common myths stop you from taking control of your future planning.

Please don’t hesitate to contact our specialist team for more information or advice. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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