In this article, we’re exploring an important topic for married couples who want to plan for the future: setting up a power of attorney. The concept of power of attorney can be particularly significant for couples, ensuring that decisions can be made smoothly if one or both partners are unable to manage their affairs. At Blackstone Solicitors, we aim to provide clear and comprehensive information to help you navigate this process. Let’s delve into what you need to know about power of attorney for married couples.
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For a free initial discussion on how we can help you deal with the legal implications of creating a lasting power of attorney, get in touch with us today. We are also experienced in dealing with all aspects of Wills and Probate and we will review your situation and discuss the options open to you in a clear and approachable manner. Early expert legal assistance can help ensure you avoid the stress of dealing with these issues on your own. Simply call us on 0345 901 0445 or click here to make a free enquiry and a member of the team will get back to you.
What is Power of Attorney?
Before we explore the specifics for married couples, it’s essential to understand what power of attorney (POA) is. A power of attorney is a legal document that allows one person (the “donor”) to appoint another person (the “attorney”) to make decisions on their behalf. This can be crucial if the donor becomes incapacitated or unable to make decisions due to illness or injury.
There are several types of power of attorney:
- General Power of Attorney: This provides a wide range of powers to the attorney but usually only applies while the donor is mentally capable. It becomes invalid if the donor loses capacity.
- Lasting Power of Attorney (LPA): This is more robust and remains valid even if the donor loses mental capacity. LPAs are specifically designed to manage decisions about health and welfare or property and financial affairs.
Why Consider Power of Attorney for Married Couples?
For married couples, setting up a power of attorney can offer peace of mind and practical benefits:
- Ensures Continuity: If one partner becomes unable to manage their affairs, having a power of attorney in place ensures that their financial and personal matters are handled smoothly.
- Reduces Stress: During challenging times, such as illness or incapacity, having a pre-arranged power of attorney reduces stress and confusion for the other partner.
- Customised Decision-Making: Couples can tailor their power of attorney to reflect their specific needs and preferences, ensuring that their wishes are respected.
Types of Power of Attorney for Married Couples
Married couples can establish different types of power of attorney depending on their needs:
- Property and Financial Affairs LPA
This type of LPA allows one partner to manage the other’s financial matters if they become unable to do so themselves. This can include:
- Managing bank accounts
- Paying bills
- Handling investments
- Selling property
This LPA can be used both when the donor is incapacitated and, if desired, while they are still capable.
- Health and Welfare LPA
This LPA grants authority to make decisions about the donor’s health and welfare. This can include:
- Medical treatment decisions
- Decisions about where the donor will live
- Day-to-day care needs
This type of LPA only comes into effect if the donor loses mental capacity.
- Combined LPAs
Married couples often choose to set up both types of LPAs, ensuring that their health, welfare, and financial affairs are comprehensively covered.
Steps to Setting Up Power of Attorney for Married Couples
Setting up a power of attorney involves several steps. Here’s a straightforward guide:
- Decide on the Type of LPA
Determine which type(s) of LPA are appropriate for your needs. You may choose to set up separate LPAs for property and financial affairs and health and welfare or combine them.
- Choose Your Attorneys
Select individuals you trust to act on your behalf. In the case of married couples, one spouse often appoints the other as their attorney. However, you may also choose trusted family members, friends, or professionals if you prefer.
- Complete the Forms
You’ll need to fill out the LPA forms provided by the Office of the Public Guardian (OPG). These forms require information about the donor, the attorneys, and any specific instructions or preferences.
- Sign and Witness
Once completed, the forms must be signed by the donor and witnessed by an independent person. For the health and welfare LPA, a certificate provider also needs to sign to confirm that the donor understands the LPA and is making it freely.
- Register the LPA
Submit the completed forms to the OPG for registration. The current registration fee is £82 per LPA. Registration is necessary for the LPA to be valid and effective.
- Receive Confirmation
Once the OPG processes your application, you’ll receive confirmation that your LPA is registered. At this point, it will be legally effective.
Common Considerations for Married Couples
When setting up a power of attorney, there are several considerations specific to married couples:
- Mutual LPAs
Married couples often choose to set up mutual LPAs, where each spouse appoints the other as their attorney. This can simplify decision-making and ensure that both partners can manage each other’s affairs if needed.
- Alternative Attorneys
While you may choose to appoint each other as primary attorneys, it’s wise to also name alternative attorneys. These are individuals who can step in if the primary attorney is unavailable or unable to act.
- Special Instructions
Consider including any specific instructions or preferences in your LPA. For example, you might want to specify preferences for medical treatment or financial management.
- Review and Update
Review your LPAs periodically, especially if there are significant life changes such as a move, change in financial situation, or changes in relationships. Updating your LPAs ensures they remain relevant and effective.
Potential Challenges and Solutions
While setting up a power of attorney is generally straightforward, there can be challenges:
- Disagreements
Disagreements may arise between spouses or with other family members about who should act as an attorney or what decisions should be made. Clear communication and involving a legal professional can help address these issues.
- Misunderstandings
It’s important to ensure that all parties fully understand their roles and responsibilities. Seeking legal advice can help clarify any uncertainties and ensure that the LPAs are correctly drafted and executed.
- Legal Advice
While it’s possible to set up an LPA yourself, consulting with a solicitor ensures that the documents are correctly prepared and that all legal requirements are met. This can help avoid potential issues or challenges in the future.
Conclusion
Setting up a power of attorney is an essential step for married couples who want to ensure that their financial and personal affairs are managed according to their wishes if they become unable to do so themselves. By understanding the types of LPAs, the process involved, and the considerations specific to married couples, you can make informed decisions and create a plan that provides peace of mind.
How we can help
We have a proven track-record of helping clients create a lasting power of attorney. This also includes all the different types, even if you need more than one. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
How to Contact Our Wills and Probate Solicitors
It is important for you to be well informed about the issues and possible implications of creating a Lasting Power of Attorney. However, expert legal support is crucial in terms of ensuring your wishes are met as you would want them to be.
To speak to our Wills and Probate solicitors today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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