Can my spouse be my attorney?
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
Yes, and for most couples it is the obvious first choice. The complications are about what happens after them, not about them.
The obvious appointment
There is no restriction on appointing a husband, wife or civil partner. They can be sole attorney, or act alongside a child. Marriage does not by itself give them any authority, which is exactly why the document is needed — see what happens without an LPA.
Where couples go wrong
- Same-age risk. If you appoint only each other and you are both in your eighties, one event can leave both of you exposed. Name an adult child as replacement.
- Mutual witnessing. If you are each other's attorney, neither of you can witness the other's signature. You need an independent witness.
- Certificate provider. A spouse cannot be your certificate provider, and neither can any relative.
Divorce and separation
Divorce can end the appointment
For financial LPAs, divorce or dissolution ends a spouse's appointment unless the LPA says otherwise — and if they were appointed jointly with no replacement, the whole appointment can fail. If you separate, review both LPAs.
A worked example
Geoff and Pat, married for forty years and both in their late seventies, want to appoint each other as sole attorney on their financial LPAs. Their independent financial adviser points out that if one of them lost capacity and the other later became unwell too, there would be no one left to act. They each add their son, who lives nearby, as a replacement attorney — at no extra cost — so that cover survives even if both of them are affected within a short space of time.
Summary of the practical points
| Situation | What to check |
|---|---|
| Appointing each other only | Add a replacement, especially if you are a similar age |
| Each other's witness | Not allowed — use an independent adult |
| Each other's certificate provider | Not allowed for either spouse, or any relative |
| Divorce or separation later | Financial appointment usually ends automatically unless stated otherwise |
Common questions
Can we make LPAs for each other at the same time?
Yes, and it is the normal approach. They are still separate documents with separate £92 registration fees. See LPAs for husband and wife.
Do we need one if everything is in joint names?
Yes. Banks can restrict joint accounts when one holder loses capacity, and a jointly owned house cannot be sold without authority for both owners.
What if my spouse and I disagree about who else to appoint?
Each LPA belongs to one donor, so you each choose your own attorneys and can disagree entirely — there is no requirement to appoint the same people on both documents.
Can a civil partner be treated any differently to a spouse?
No. Civil partners have exactly the same standing as a husband or wife for the purposes of an LPA, including the divorce and dissolution rules.
Read next
Where this fits
This page is part of Attorneys and certificate providers. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- The LPA forms explained
LP1F, LP1H and LP3 — what each section asks and where people go wrong.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Making your own LPA?
Name your attorneys, set how they must decide together, and we prepare the forms for £49.
The Office of the Public Guardian charges a separate £92 to register each LPA.
This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group