LPAs for husband and wife
Guidance from Estate Advisory Group
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.
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.
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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