LPAs for unmarried partners

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 'common-law spouse' in English law — and that matters if one of you loses capacity.

What your partner cannot do without an LPA

  • Access accounts in your sole name, even to pay household bills
  • Deal with your pension, benefits or tax
  • Be the legally recognised decision-maker on your care
  • Sell or remortgage property in your sole name

Married couples face the same legal gap — see do I need an LPA if I am married? — but unmarried partners are even more likely to be overlooked by hospitals and banks in favour of blood relatives.

What couples usually do

Each partner makes their own LPAs naming the other as attorney, often with an adult child or friend as a second or replacement attorney. See attorneys for couples making LPAs together.

Separation

Unlike marriage, separating does not automatically cancel an LPA naming your ex-partner. You would need to revoke it. See LPA and divorce or separation.

Common questions

Does a joint bank account solve it?

Only partly. See LPA and joint bank accounts.

Should we also make wills?

Yes. An LPA only works during your lifetime. Unmarried partners do not inherit automatically without a will.

Read next

Where this fits

This page is part of Parents, couples and capacity. The pages below take it further.

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