Do married couples need a Lasting Power of Attorney? Yes, one each, and neither works until it is registered
The short answer
Who would deal with your bank and bills if you could not? A Lasting Power of Attorney lets you choose, and married couples each need their own. Each one must be registered before it can be used, which takes 8 to 10 weeks* if there are no mistakes[8] and an OPG registration fee applies to each.[4]
Key facts
- Married couples need a Lasting Power of Attorney each. A couple wanting both types makes four documents.[1]
- Registration takes 8 to 10 weeks* if there are no mistakes, including a 4 week statutory wait.[8]
- An OPG registration fee applies to each document.[4]
- A mistake means a fee to reapply, and the wait starts again.[4]
- 133,760 LPA applications were rejected or returned in 2024 in England and Wales.*[9]
What is a Lasting Power of Attorney, in plain English?
A Lasting Power of Attorney is a legal document that lets someone you trust make decisions for you if you cannot make them yourself.[1]
The person you choose is called your attorney. You pick them while you are able to, which is the whole point: the choice is yours, made in advance, rather than decided later by someone else.
| Type | What it covers | When it can be used |
|---|---|---|
| Property and financial affairs | Your bank accounts, bills, pension and paying for care | Once registered, with your permission, even while you can still decide |
| Health and welfare | Your medical care, daily routine and moving into a care home | Only when you cannot make the decision yourself |
From gov.uk.[1] You can make one or both.
You must be 18 or over and able to make your own decisions when you make an LPA. It applies in England and Wales.[3]
Can a married couple make one Lasting Power of Attorney together?
No. An LPA covers one person, so each of you makes your own, and a couple wanting both types makes four documents.[3]
There is no joint LPA for a couple. You can make them at the same time, sit down together with both sets of details, and name each other, but each document belongs to one person.
- Your property and financial affairs LPA
- Your health and welfare LPA
- Your partner's property and financial affairs LPA
- Your partner's health and welfare LPA
What happens if one of you cannot decide and there is no LPA?
gov.uk describes two ways to make decisions for someone: an LPA they made while they could, or an application to the Court of Protection* to become their deputy.[6]
Being married does not give anyone the right to act on the other's behalf. Without an LPA, the route is a deputyship application to the court.[7]
| Lasting Power of Attorney | Court deputyship | |
|---|---|---|
| Who chooses | You, while you are able to | The court |
| Application fee | OPG fee applies to each document[4] | £432, plus £266 if a hearing is needed[7] |
| After it starts | No yearly fee | A yearly supervision fee and a yearly report[7] |
Fees checked on gov.uk on 25 September 2026.
Can a husband and wife be each other's attorney?
Yes. gov.uk lists your husband, wife or partner as someone you can choose as your attorney.[2]
Many couples also name a replacement attorney, such as a close friend, in case the first attorney can no longer act. If your attorney is your husband, wife or partner, the LPA may end if you divorce or end your civil partnership.[5]
Attorneys can witness each other's signatures, but an attorney cannot witness yours, and cannot be your certificate provider.[3]
Text version of this graphic
A couple's Lasting Power of Attorney in four steps: 1, choose your attorneys, and you can name each other; 2, make one LPA each, in one or both types, which is up to four documents; 3, sign in the right order on the same original; 4, register with the Office of the Public Guardian, which takes 8 to 10 weeks if there are no mistakes.
How long does registration take, and what if there is a mistake?
Registration takes 8 to 10 weeks* if there are no mistakes in the application, and that includes a 4 week statutory waiting period.[8]
If the Office of the Public Guardian finds a mistake, it may let you correct it and apply again within 3 months, for a fee to reapply.[4] The wait then starts again.
For a couple making both types, that is four documents that each need to be right, which is why every page is worth checking before it is posted.
What does a Lasting Power of Attorney for couples cost?
The government registration fee is £92 per document*, with a reduction or exemption for some people on low incomes or certain benefits.[4]
| Route | Preparation | Registration fee (four documents) |
|---|---|---|
| Do it yourself on gov.uk | No charge | OPG fee applies[4] |
| Solicitor | £300 to £600 per document plus OPG fees*[10] | OPG fee applies[4] |
| Paid online service | Varies by provider | OPG fee applies[4] |
Registration fees are paid to the Office of the Public Guardian whichever route you choose.
Frequently asked questions
Is there a joint Lasting Power of Attorney for couples?
No. Each person makes their own LPA. A couple can make them at the same time and name each other as attorney.[3]
Can my husband or wife be my attorney?
Yes. gov.uk lists your husband, wife or partner as someone you can choose.[2]
How long does it take to register an LPA?
8 to 10 weeks* if there are no mistakes in the application, including a 4 week statutory wait.[8]
What happens if there is a mistake on the form?
The Office of the Public Guardian may let you correct it and apply again within 3 months, for a fee to reapply. The wait then starts again.[4]
Does an LPA end if you divorce?
It may. If your attorney is your husband, wife or partner, the LPA may end if you divorce or end your civil partnership.[5]
Can I use an LPA made in England in Scotland?
An LPA made in England and Wales applies in England and Wales. Scotland and Northern Ireland have their own systems.[3]
Who can witness my signature?
A witness must be 18 or over. Your attorneys can witness each other's signatures but cannot witness yours.[3]
Sources
- GOV.UK, Make, register or end a lasting power of attorney. Read 25 September 2026.
- GOV.UK, Choose your attorney. Read 25 September 2026.
- GOV.UK, Make a lasting power of attorney. Read 25 September 2026.
- GOV.UK, Register a lasting power of attorney. Read 25 September 2026.
- GOV.UK, End your lasting power of attorney. Read 25 September 2026.
- GOV.UK, Make decisions on behalf of someone. Read 25 September 2026.
- GOV.UK, Deputies: make decisions for someone who lacks capacity (fees). Read 25 September 2026.
- GOV.UK, Office of the Public Guardian: service information and registration times. Read 25 September 2026.
- MoneyWeek (FOI to the Office of the Public Guardian), Lasting power of attorney rejections soar. Read 25 September 2026.
- Octopus Legacy, Lasting power of attorney cost. Read 25 September 2026.
This guide was last reviewed on against the sources above. It is general information, not legal or financial advice.