LPA for Married Couples: Why Marriage Isn't Enough

The Marriage Myth

One of the most common misconceptions about Power of Attorney is that marriage automatically gives spouses rights over each other's affairs. This is dangerously wrong.

Being married—no matter how long—does not give your spouse the legal right to:

• Access your sole bank accounts
• Make decisions about your medical treatment
• Sell or manage your property
• Manage your pension or investments
• Sign legal documents on your behalf

What Marriage Actually Provides

Marriage does give you some automatic rights:

• Inheritance rights if your spouse dies without a Will
• Next of kin status for hospital notifications
• Certain tax benefits and pension rights
• Consultation rights in healthcare decisions

But consultation is not decision-making power. And inheritance rights don't help when your spouse is alive but incapacitated.

Real Scenarios Married Couples Face

Scenario 1: Bank Account Access

John and Mary have been married 40 years. John has a stroke and loses capacity. Mary needs to access his sole savings account to pay care home fees.

Without LPA: The bank refuses access. Mary must apply to the Court of Protection—a process taking 6-12 months and costing thousands.

With LPA: Mary simply shows the registered LPA and accesses the account within days.

Scenario 2: Selling the Family Home

After Tom develops dementia, Sarah realises they need to sell their house to fund his care. Tom's name is on the deeds.

Without LPA: Sarah cannot sell. She must obtain court authority, which may take so long that care fees eat into the value they hoped to protect.

With LPA: Sarah can proceed with the sale immediately, using Tom's Property & Financial Affairs LPA.

Scenario 3: Medical Decisions

David is in hospital after a serious accident. His wife Emma wants him moved to a specialist unit and disagrees with the suggested treatment.

Without LPA: Doctors make the decisions based on their clinical judgment. Emma is consulted but has no legal authority.

With LPA: Emma can make healthcare decisions as David's registered attorney.

Why Marriage Isn't Enough: The Legal Reality

The law is clear:

• Financial institutions must protect their customers
• They cannot take instructions from someone without legal authority
• Marriage certificates don't provide that authority
• Only an LPA or Court of Protection order does

This isn't bureaucratic pedantry—it's protection against fraud and abuse. But it means married couples without LPAs are just as vulnerable as anyone else.

Creating LPAs as a Couple

The good news is that creating LPAs together is:

• Simpler (you'll likely appoint each other)
• Often cheaper (many services offer couple discounts)
• A chance to discuss important wishes together
• Reassuring for both of you

Typical Couple Setup

Most couples create "mirror" LPAs:

• Each person creates both types of LPA
• They appoint their spouse as their first attorney
• Adult children or trusted friends act as replacement attorneys
• This provides coverage if one spouse is also incapacitated

Points to Discuss

Creating LPAs prompts important conversations:

• Who should act if we're both incapacitated?
• What are our preferences for care homes?
• How do we feel about life-sustaining treatment?
• Are there any financial decisions that require both of us?

The Cost for Couples

At myLPA, couples can protect themselves fully:

• 4 LPAs total (2 each, both types)
• Expert guidance throughout
• Document checking service included
• Peace of mind for your entire family

Take Action Together

Don't let the marriage myth leave you both vulnerable. Creating LPAs together is one of the most caring things you can do for each other.

Start Your Couple's LPAs →