LPAs for husband and wife
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
There is no such thing as a joint LPA. Each of you makes your own — but doing them together, in the same sitting, is sensible and cheaper.
What a couple actually needs
| Person | Documents | Our fee | OPG fees |
|---|---|---|---|
| Each spouse | LP1F + LP1H | £79 each | £184 each |
| Couple total | Four documents | £158 | £368 |
Full breakdown: the cost of two LPAs and of doing it as a couple.
The three mistakes couples make
- Appointing only each other. If you are a similar age, one accident can leave both of you without cover. Add an adult child as replacement.
- Assuming joint accounts are safe. Banks can restrict a joint account when one holder loses capacity — see LPAs and joint bank accounts.
- Witnessing for each other. If you are each other's attorney, neither can witness the other's signature. You need an independent witness, and a certificate provider who is not a relative of either of you.
One certificate provider for both?
Yes, the same person can certify both spouses' LPAs, provided they are not a relative of either of you and not an attorney in any of the documents. A long-standing friend or neighbour is the usual choice. They must speak to each of you separately and privately.
Do you even need one if you are married?
A common myth is that marriage already gives a spouse authority to manage their partner's money. It does not. A bank will not let you operate your spouse's sole account, sell their share of the house, or deal with their pension just because you are married — see do I need an LPA if I am married?. Without an LPA, a spouse who loses capacity leaves the other applying to the Court of Protection for deputyship, which is slower and supervised annually.
A worked example
Alan and Julie, both 62, decide to make their LPAs after a friend's husband had a stroke. Each appoints the other as first attorney for both finance and health, with their daughter Emma named as replacement for both roles for both of them. They use the same neighbour as certificate provider for all four documents, completing everything in one weekend. Total cost: £158 in our fees plus £368 in OPG registration fees for the four LPAs between them.
What if one of you loses capacity first
| Situation | What happens |
|---|---|
| Only one spouse has an LPA registered | The other can act for them once registered; the healthy spouse should still make their own |
| Neither has an LPA and one loses capacity | The other must apply for deputyship — see what happens without an LPA |
| Both have LPAs appointing each other only | If both lose capacity around the same time, a replacement attorney is essential |
Common questions
Can we complete both sets in one go?
Yes. Most couples work through one set then the other in the same sitting; the answers are often similar, which makes the second faster.
What happens if we divorce?
For financial LPAs a spouse's appointment normally ends on divorce unless the LPA says otherwise. Review both documents after any separation — see changing or cancelling an LPA.
Do civil partners have the same rules?
Yes. Civil partners are treated exactly like married couples throughout the Mental Capacity Act 2005 and OPG process.
Is it cheaper to do both spouses together?
Our fee is charged per person, but you save time by answering similar questions once and can book both signing sessions together with the same certificate provider.
Read next
Where this fits
This page is part of Parents, couples and capacity. The pages below take it further.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
- What an LPA costs in 2026
Our £49 and £79 prices, the £92 OPG registration fee, and solicitor comparisons.
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
Helping a parent or partner?
They make the decisions and sign, you can do all the paperwork. Start with the free capacity check.
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