It’s something we hear all the time when talking about Lasting Powers of Attorney (LPAs) – and it’s a completely understandable assumption. After all, you share a home, perhaps a bank account, and make big decisions together every day. So surely your husband, wife, or civil partner can automatically step in to manage things if you’re taken ill or lose capacity… right?
Unfortunately, that’s not the case….
Without a valid LPA in place, no one – not even your spouse – has the automatic legal right to make decisions for you or access your finances if you’re no longer able to do so yourself.
What actually happens if you don’t have an LPA
If one of you loses capacity – perhaps through illness, accident, or dementia – your partner could suddenly find themselves locked out of joint bank accounts, unable to pay bills or access savings. Even everyday things like dealing with pensions, investments, or selling a jointly owned home could grind to a halt.
To regain access or make financial or health-related decisions, your spouse would have to apply to the Court of Protection to become your “Deputy.” This process can take several months, involves court fees, medical assessments, and ongoing supervision – not to mention the stress of dealing with all of this during what’s already a difficult time.
By contrast, if you have LPAs in place, your chosen Attorney (often your spouse) can step in immediately, smoothly, and legally to manage your affairs without any unnecessary red tape or delay.
Why both LPAs matter
There are two types of Lasting Power of Attorney:
- Property & Financial Affairs LPA – covers things like money, bills, property, and bank accounts.
- Health & Welfare LPA – allows your Attorney to make decisions about medical treatment, care homes and day-to-day wellbeing if you can’t.
Having both ensures complete peace of mind for you and your family – whether it’s paying the mortgage or choosing the right care home.
Why getting a solicitor involved can make a difference
While it’s possible to complete LPAs yourself, there are real advantages to getting professional guidance. A solicitor ensures that everything is legally valid, correctly filled out, and fully reflective of your wishes. This can help avoid delays, mistakes, or misunderstandings later on – particularly with complex financial arrangements or if there’s potential family disagreement.
We’ve written a more detailed blog about why using a solicitor for your LPAs is a smart move, which you can read here for extra insight.
Don’t leave it too late
LPAs can only be made while you still have mental capacity, so it’s always best to get them in place sooner rather than later. Think of it as an insurance policy for life’s “just in case” moments – one you hope you’ll never need, but will be immensely grateful for if you do.
If you’d like to chat about putting your LPAs in place, our friendly Private Client team would be happy to help.
📞 Call us on 0121 745 8550, or visit https://www.wadsworthslaw.co.uk/lasting-powers-of-attorney/ to find out more.