You’re Married – So Can Your Spouse Make Decisions for You If You Can’t?

Why a Lasting Power of Attorney can matter just as much for married couples

If you are married, you may naturally assume your husband or wife can step in if needed. You may expect them to make decisions for you if you cannot make them yourself.

It is a very common assumption.

However, marriage alone does not automatically give your spouse legal authority to make decisions on your behalf if you lose mental capacity. This is one reason why arranging a Lasting Power of Attorney with Wills & Wishes Legal Rochdale can be such an important part of planning ahead.

Does Being Married Give Your Spouse Automatic Authority?

No. Simply being someone’s husband or wife does not automatically make you their attorney.

A Lasting Power of Attorney, usually called an LPA, lets you choose people you trust. They can then make certain decisions for you.

The law calls these people your attorneys.

Importantly, you choose who you would like to appoint while you still have the mental capacity to make that decision yourself. Your attorney could be your husband or wife, an adult child, another relative, a friend or another suitable person.

For many married couples, each spouse chooses the other as an attorney. However, that authority comes from making the LPA rather than from the marriage itself.

What Decisions Could Your Spouse Need to Make?

There are two different types of Lasting Power of Attorney in England and Wales:

Property and Financial Affairs LPA

A Property and Financial Affairs LPA can give your chosen attorney authority to help with financial matters.

Depending on how you set up the LPA, your attorney can help with:

bank and building society accounts
household bills
property
investments
pensions and benefits
other financial affairs

You can allow your attorney to act while you still have mental capacity, if the LPA permits this.

Health and Welfare LPA

A Health and Welfare LPA covers a different part of your life.

It can allow your attorney to make decisions about matters such as your care, where you live and aspects of medical treatment.

Unlike a Property and Financial Affairs LPA, a Health and Welfare attorney can only make decisions for you when you lack the mental capacity to make the particular decision yourself.

A Real-Life Example

Imagine a married couple who have been together for 30 years.

They know each other’s wishes, manage their home together and naturally expect that each would look after the other if something happened.

Then one of them becomes seriously unwell and loses the ability to make certain decisions.

The other spouse may then discover that marriage does not give them all the legal authority they expected.

That can create additional worry at an already difficult time.

Putting appropriate LPAs in place in advance allows each person to choose who they trust to act for them and helps make their wishes clearer.

What Happens If There Is No LPA?

If someone loses mental capacity without an appropriate LPA already in place, it is too late for that person to make one at that stage.

In some circumstances, a family member may need to apply to the Court of Protection. The court can appoint a deputy to make certain decisions for someone who lacks mental capacity.

The Court of Protection route is very different from making an LPA in advance. The Court of Protection route can also cost considerably more and take much longer than arranging an LPA in advance.

With an LPA, you choose the people you trust while you are able to make that choice yourself.

An LPA Is Not Just for Older People

It is easy to associate Lasting Powers of Attorney with later life.

However, an unexpected illness, accident or change in circumstances can happen at any age.

Therefore, an LPA is better viewed as part of sensible forward planning.

You may never need your attorneys to make decisions for you. Nevertheless, having the appropriate documents in place can provide reassurance that the people you have chosen can step in if they are ever needed.

Married? Consider Planning Together

If you are married, it can be a good opportunity to think about LPAs together.

Ask yourselves:

Who would we each trust to make decisions for us?
Would we want to appoint each other?
Should we also appoint adult children or other trusted people?
Who could act if our first-choice attorney was unable to?
Do the people closest to us understand our wishes?

Having those conversations now can make future decisions much clearer.

Lasting Power of Attorney Appointments in Rochdale

At Wills & Wishes Legal, I help individuals and couples arrange Lasting Powers of Attorney with friendly, straightforward guidance.

Based in Rochdale, I provide home appointments for clients across Rochdale and surrounding areas including Norden, Bamford, Littleborough, Heywood, Castleton, Shawclough, Newhey and Milnrow.

I also offer telephone and video consultations.

With more than 25 years’ experience in the legal profession, membership of the Society of Will Writers and over 200 five-star Google reviews, my aim is to make planning ahead feel clear, personal and straightforward.

Speak to Fiona

If you are married and have always assumed your spouse would automatically be able to make decisions for you, it may be worth checking that the right arrangements are actually in place.

For friendly advice about arranging a Lasting Power of Attorney in Rochdale and the surrounding areas, please contact Fiona Daly at Wills & Wishes Legal.

Call: 07799 213721

Wills & Wishes Legal – local, personal and trusted.

This article provides general information and does not give advice about your individual circumstances.