We’re Married, So We Don’t Need Powers of Attorney

28 April, 2026 3 minutes reading time

It’s a common belief that because you’ve shared a life, a home, and perhaps children with your partner, the law automatically recognises them as your representative. This idea feels reassuring, but unfortunately, it is a myth.

Legally, your spouse or civil partner isn’t automatically entitled to step into your shoes. If you ever lose the ability to make your own decisions—whether due to a sudden accident or a long-term illness—the status of ‘Next of Kin’ carries far less legal weight than most people realise.

Locked Doors

Without a Lasting Power of Attorney (LPA), the people closest to you might be unable to help when they need to most. While joint bank accounts or shared mortgages may seem like built-in protections, banks can freeze accounts if they believe one account holder lacks the capacity to make decisions.

This can leave a spouse in a heartbreaking position. They may be unable to pay the mortgage, cover utility bills, or access the savings needed for their partner’s care. It turns what is already an emotional time into a complex, bureaucratic challenge.

The High Cost of Inertia

It is easy to view an LPA as a cost that can be avoided or deferred. However, the cost of not having one is far higher. Once someone can no longer sign a legal document, it is too late to set up an LPA.

The only alternative is to apply to the Court of Protection for a ‘Deputyship.’ This is a notoriously lengthy and costly process, often taking many months and incurring thousands of pounds in fees and ongoing costs. In contrast, establishing an LPA is a straightforward, one-off step that keeps control within your family and provides an insurance policy you hope you’ll never need, but will be infinitely glad to have.

Why Both LPAs Matter

While we often focus on the financial side, the Health and Welfare LPA is equally crucial. It gives you the power to choose who will make decisions about your medical care, your daily routine, and even where you live.

Without this document, doctors and social workers ultimately have the final say. Although they will consult your family, they are not legally required to follow their wishes. An LPA ensures that your personal values and preferences are heard loud and clear, even when you cannot speak for yourself.

A Safety Net for Every Stage of Life

Although some see an LPA as something only for the elderly, the reality is that every adult should have one. Life is full of surprises. Whether you’re a young professional, a new parent, or enjoying retirement, having these documents ready is the ultimate safety net.

Think of it as a gift to your family. It removes uncertainty and legal hurdles, allowing them to focus on what truly matters: supporting you.

Our Advice

Setting up a Lasting Power of Attorney isn’t about giving up your independence; it’s about protecting it. It’s about taking charge of your future while you are vibrant and well. This way, if there comes a time when you can’t make decisions for yourself, you can be confident that the person holding the pen is someone who loves you, knows you, and has your best interests at heart.

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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