LPA for Couples: Planning Together for Peace of Mind

LPA for Couples: Protecting Each Other

Creating Lasting Powers of Attorney as a couple is one of the most important things you can do for each other. This guide explains how to plan together effectively.

Why Couples Need LPAs

Common Misconception

Many couples assume that being married or in a civil partnership means you can automatically:

• Access each other's bank accounts
• Make medical decisions for each other
• Sell jointly owned property if one loses capacity

This is not true.

The Reality

Without LPAs:

• Banks may freeze accounts
• Healthcare providers make medical decisions
• Property sales become impossible
• Court of Protection needed (£2,000-5,000+)

Being married gives you almost no automatic legal authority.

Planning as a Couple

Option 1: Each Other as Sole Attorney (Simple)

Each of you names the other as sole attorney:

• Simple arrangement
• Complete trust in each other
• Risk: No backup if you both need care

Option 2: Each Other Plus Backup (Recommended)

Each names the other as primary attorney, with children or others as replacements:

• Partner makes decisions first
• Backup if partner can't act
• Best for most couples

Option 3: Joint Attorneys Including Partner

Name your partner plus another person (e.g., adult child):

• Shared decision-making
• Built-in oversight
• Good for complex estates

Creating Your LPAs

Step 1: Discuss Together

Agree on:

• Who should be attorneys for each of you
• Who should be replacement attorneys
• Any special preferences or restrictions
• Life-sustaining treatment wishes

Step 2: Create Four Documents

Each person needs:

Property & Financial Affairs LPA

Health & Welfare LPA

That's four LPAs total for a couple.

Step 3: Choose Certificate Providers

Each LPA needs a certificate provider who:

• Is independent
• Knows you both
• Can certify you understand

A mutual friend of 2+ years can do all four.

Step 4: Arrange Signing

You'll need witnesses for each signature. You can:

• Use the same witness for both of you
• Sign at the same time
• Complete all four in one session

Step 5: Register All Four

Submit all four LPAs to the OPG for registration.

What If Both of You Need Help?

Scenario: One Partner Loses Capacity

The capable partner manages everything—finances and healthcare. Simple.

Scenario: Both Lose Capacity (or Incapacity Simultaneously)

This is why replacement attorneys matter:

• Your children step in
• A trusted friend takes over
• Professional attorney if named

Without Replacements:

If you only named each other and both need care:

• No valid attorneys
• Court of Protection needed
• Someone must apply for deputyship
• Delays and costs mount

Choosing Replacement Attorneys

Common Choices for Couples:

• Adult children (all or some)
• Siblings
• Close family friends
• Nieces/nephews
• Professional advisor

Consider:

• Who knows you both?
• Who understands your wishes?
• Who will be available long-term?
• Who can work together without conflict?

Different Situations

Younger Couples Without Children

• Parents as replacements
• Siblings
• Close friends
• Consider professional attorney

Couples with Adult Children

• Children as joint replacement attorneys
• Consider whether they can work together
• Named replacements prevent disputes

Couples with Young Children

• Your LPAs won't affect children directly (that's guardianship in a Will)
• But attorneys manage finances that support children
• Choose people who understand your family situation

Second Marriages

• Consider all family members
• Be clear about whose interests come first
• Potential for conflict—plan carefully
• May need professional guidance

Same-Sex Couples

• Exactly the same process
• Civil partner treated same as spouse
• Consider family dynamics carefully

Including Preferences

For Property & Financial:

• How to manage the family home
• Investment approach
• What to do with business interests
• Gifting to children/grandchildren

For Health & Welfare:

• Care preferences (together if possible?)
• Views on residential care
• Life-sustaining treatment
• End-of-life wishes

Costs for Couples

Using myLPA:

Item	Cost

Both LPAs for Person 1	£140
Both LPAs for Person 2	£140
OPG registration (4 LPAs)	£328
Total	£608

Compare to solicitors: £1,200-2,000+ for four LPAs.

Practical Tips

1. Do It Together

Book time to sit down and complete forms together. Makes it easier to discuss and decide.

2. Keep Documents Together

Store all four LPAs in the same place. Each person should know where they are.

3. Tell Your Replacements

Make sure replacement attorneys know they're named and understand your wishes.

4. Review Periodically

Check LPAs every few years. Circumstances change—attorneys may move, become ill, or pass away.

5. Update After Life Changes

Major events need LPA review:

• Children reaching adulthood
• Divorce/separation
• Death of an attorney
• Significant health changes

The Gift of Peace of Mind

Creating LPAs together isn't just paperwork—it's:

• Saying "I trust you"
• Protecting your partner
• Reducing family stress
• Ensuring your wishes are known

Don't assume marriage is enough. Make it official with LPAs.

Start Your Couple's LPAs →