Why Your Spouse Can’t “Just Deal With It” – The Importance of Having a Lasting Power of Attorney

A surprising number of people tell us the same thing:

“I don’t need a Lasting Power of Attorney. My spouse will just deal with everything if anything happens to me.”

Others say their children would step in and make decisions on their behalf.

It’s a reassuring thought but unfortunately, that’s not how the law works.

If you lose mental capacity through illness, dementia, a stroke, an accident or another unexpected event, your loved ones do not automatically have the legal authority to make decisions for you. Even a husband, wife or adult child can find themselves unable to access bank accounts, manage finances or make important decisions about care and treatment.

By the time many families discover this, it’s already too late.

The Problem Most Families Don’t See Coming

Imagine your partner suddenly suffers a serious stroke. They’re unable to communicate, their bills still need paying, and important decisions need to be made quickly.

Naturally, you assume you can step in and help. Then the bank tells you they can’t discuss the account with you.

Financial institutions, healthcare providers and government bodies are legally required to protect vulnerable individuals. Without the correct legal authority, they often cannot simply take instructions from a spouse or child.

This can be a huge shock for families already dealing with an emotional situation.

What Is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that allows you to choose who can make decisions on your behalf if you’re no longer able to do so yourself.

There are two types of LPA. One covers your finances and property, while the other covers health and welfare decisions such as medical treatment and care arrangements.

Most importantly, an LPA allows you to decide who you trust to act for you before a crisis occurs.

What Happens If There Isn’t an LPA?

Without an LPA, your family may need to apply to the Court of Protection to gain authority to manage your affairs.

Many people are surprised to learn that this process can take months and often involves significant costs and ongoing administration.

During that time, loved ones can face delays accessing funds, dealing with financial matters and making important decisions.

In some cases, disagreements can also arise because there is no clear legal authority or guidance about who should act.

“I’m Too Young to Need One”

This is another common misconception.

While LPAs are often associated with older people, loss of mental capacity can happen at any age. Serious illness, accidents, brain injuries and unexpected medical emergencies can affect anyone.

Creating an LPA isn’t about expecting something to go wrong. It’s about being prepared if life takes an unexpected turn.

“I’ll Just Do It Myself”

The government does allow individuals to prepare their own LPAs, and for some people that may seem like the simplest option.

However, LPAs are legal documents with strict requirements regarding wording, signatures, witnessing and registration. Even small mistakes can cause problems. In fact, Office of the Public Guardian data shows that more than 50,000 LPA applications were rejected during the 2023/24 financial year due to errors and issues with the application process.

A mistake may seem minor, but if it’s only discovered when the document is needed, the consequences can be significant.

Why Use a Solicitor?

A solicitor does far more than complete forms.

We help ensure the document reflects your wishes, appoints the right people, avoids common pitfalls and complies with all legal requirements.

Most importantly, we make sure your LPA works when your family needs it most.

Planning Today Can Protect Your Family Tomorrow

Many people spend years putting off making a Lasting Power of Attorney because they believe there is plenty of time.

Unfortunately, loss of capacity often arrives without warning.

Having an LPA in place gives you control over who will make decisions for you and can spare your loved ones unnecessary stress, delays and expense in the future.

Speak to Spectrum Solicitors

At Spectrum Solicitors, we help individuals and families put robust Lasting Powers of Attorney in place with confidence.

If you’d like advice about creating an LPA for yourself or a loved one, our experienced team would be happy to help.