When a Spouse Couldn't Access Joint Savings: The Patels' Story
The Patels: Marriage Isn't Enough
*Names and some details changed to protect privacy. Story based on common experiences reported to myLPA.*
Raj and Priya Patel had been married for 42 years. They shared everything—including their bank accounts. They assumed that if anything happened to either of them, the other could simply carry on managing their money.
They were wrong.
The Situation
Raj, 68, suffered a serious heart attack. He survived but was left with significant cognitive impairment—he couldn't understand or manage financial matters anymore.
Priya, 66, needed to:
- Pay the mortgage
- Fund Raj's care
- Manage household bills
- Access their savings
The Reality
Joint Account Shock
Priya went to their bank to explain the situation. She expected sympathy and help. Instead:
Bank's response: "Mrs Patel, we're very sorry about your husband. However, we need to protect Mr Patel. Without Power of Attorney or a court order, we cannot confirm that any transactions you make are in his best interests. We're going to need to restrict the account."
What "Restricted" Meant
- Priya could withdraw money for essential bills
- But she had to justify every withdrawal
- Large purchases needed approval
- She couldn't transfer money
- She couldn't close or change the account
- Every interaction required explanation and documentation
Sole Account Complications
Raj also had a small sole account—money from his late father's estate. Priya couldn't touch this at all. Zero access, regardless of their marriage.
Investment Accounts
Their ISAs and investments? Each in individual names. Priya could manage her own but couldn't touch Raj's—even to rebalance for better returns or access funds for his care.
The Marriage Myth Exposed
Priya learned harsh truths:
Marriage does NOT give you:
- Automatic access to spouse's sole accounts
- Full control over joint accounts if spouse loses capacity
- Authority over spouse's investments
- Power to sell jointly-owned property alone
- Right to make financial decisions for spouse
- Consultation rights
- Next of kin status for notifications
- Some inheritance rights
- Certain tax benefits
The Solution: Deputy Application
Without LPAs, Priya's only option was Court of Protection. For her own husband's money.
The Process
The Costs
| Item | Cost |
|---|
| Court fee | £371 |
| Solicitor fees | £1,800 |
| Medical assessment | £200 |
| Annual supervision fee | £320 |
| First year total | £2,691 |
What LPAs Would Have Changed
If Raj and Priya had created LPAs while both were healthy:
Cost
- LPAs for Raj: ~£304 total (service + registration)
- LPAs for Priya: ~£304 total
- Couple total: ~£608
Timeline
- With LPA: Priya shows document at bank, immediate access
- Without LPA: 20 weeks of bureaucracy, stress, and limitations
Ongoing Burden
- With LPA: No supervision, no annual fees, no reporting requirements
- With Deputyship: Annual reports, supervision fees forever, restricted flexibility
Priya's Advice
*"We'd been married over 40 years. We trusted each other completely. It never occurred to us that the bank wouldn't trust ME to manage OUR money for my OWN HUSBAND.*
*I felt humiliated going to the bank, having to prove that I was paying legitimate bills, having to explain why I needed access to money we'd saved together.*
*If anyone reading this is married and thinks 'we're fine, we share everything'—you're not fine. Get the LPA. Do it for your partner. Do it for yourself."*
Common Misconceptions We Hear
"But the account is joint..."
Joint accounts require both parties to have capacity for certain transactions. When one loses capacity, banks often restrict the account."The bank knows me..."
Banks must follow legal requirements. Personal relationships don't override legal obligations."My marriage certificate proves we're married..."
Marriage proves your relationship. It doesn't prove you have authority to manage your spouse's affairs."We've been together for decades..."
Length of relationship doesn't create legal authority. A couple together 50 years has the same legal position as newlyweds.The Lesson for Couples
Every married couple needs LPAs. Every civil partnership needs LPAs. Every long-term relationship needs LPAs.
Marriage is many things—but it's not Power of Attorney.
Create Your LPAs Together
At myLPA, we make it easy for couples to create LPAs together. Protect yourselves and each other.
Both LPAs for each partner from just £140 each.
Ready to Create Your LPA?
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