Can my spouse be my attorney?
Guidance from Estate Advisory Group
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.
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.
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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