Do I need a Lasting Power of Attorney if I am married?

Marriage does not automatically give your spouse authority to manage all your finances or make every health and welfare decision on your behalf if you lose mental capacity.

Without a Property and Financial Affairs LPA, your spouse may be unable to access accounts held solely in your name, manage investments, deal with certain bills or sell property on your behalf. Joint bank accounts can also be restricted if a bank is concerned that one account holder no longer has mental capacity.

Healthcare professionals should consult those close to you when making significant decisions, but your spouse does not automatically have the legal decision-making powers that a Health and Welfare LPA can provide.

Making LPAs allows you to choose who should act and record how you would like decisions to be approached, rather than leaving your family to resolve the situation after you have lost capacity.