This guide is general information about the law in England and Wales, not legal advice. Every situation is different, so please speak to us or another qualified adviser before acting on it.
The short answer
- There's no joint LPA. An LPA is made by one person (the "donor"), so each of you makes your own.
- There are two types: property and financial affairs, and health and welfare. If you both want both types, that's 4 LPAs.
- You can name each other. GOV.UK lists "your husband, wife or partner" as someone who can be your attorney.
- Registration fees: the Office of the Public Guardian (OPG) charges £92 per LPA, so £368 for all 4.
Why couples need LPAs
If one of you loses mental capacity, through dementia, a stroke or an accident, the other has no automatic legal authority over accounts, savings, investments or property in their partner's name. That's true whether you're married, in a civil partnership or living together.
Without an LPA, the usual route is an application to the Court of Protection to become a deputy, with fees and annual supervision. GOV.UK also says that if you want to sell a jointly owned property and the other owner has lost capacity, you'll have to apply to the Court of Protection. That can hold up a move or the funding of care. Banks have their own rules for joint accounts when one holder loses capacity, so it's not safe to rely on them. Our guide on what happens without an LPA covers the process and costs.
For health decisions, doctors and carers will consult you, but you won't have the legal power that a health and welfare attorney has. That matters most when decisions are difficult or the family disagree.
Naming each other as attorneys
Most couples choose each other as their main attorney. It's natural: you know each other's wishes and finances better than anyone. But there's a catch. Couples are often of a similar age, and an illness or accident can affect you both. If your partner is your only attorney and can't act, your LPA may be no use when it's needed.
There are two ways to build in cover:
- Replacement attorneys: GOV.UK says you can nominate people to replace your attorneys if they can no longer act. Adult children, siblings or close friends are common choices.
- More than one attorney: you can appoint your partner alongside someone else.
Jointly, or jointly and severally?
If you appoint more than one attorney, you must decide how they make decisions:
- Jointly and severally: attorneys can act on their own or together. This is flexible, and if one attorney dies, the others can usually carry on.
- Jointly: all attorneys must agree on every decision. GOV.UK says the OPG will cancel the LPA if an attorney dies and the attorneys had to act jointly, unless there are replacement attorneys.
- A mix: some decisions jointly and others jointly and severally.
Getting this wrong is one of the most common problems with home-made LPAs. See what an LPA is for more on attorneys.
Do you both need both types?
We usually recommend both, for both of you:
- Property and financial affairs: covers bank accounts, bills, pensions, benefits and selling your home. With your permission, it can be used as soon as it's registered, which can help if one of you is in hospital or simply wants support.
- Health and welfare: covers your daily routine, medical care and moving into a care home. It can only be used when you can't make the decision yourself. An attorney can only make decisions about life-sustaining treatment if you specifically give them that authority in the form.
Signing your LPAs: rules couples often trip over
Each LPA must be signed on paper by you, your attorneys, a witness and a certificate provider, who confirms you're making the LPA by choice and understand what you're doing. GOV.UK sets out who can do what:
- Witnesses and certificate providers must be 18 or over.
- If your partner is your attorney, they can't witness your signature and can't be your certificate provider.
- Attorneys can witness each other signing.
- Everyone must sign the same original document. Copies and digital signatures aren't accepted.
With 4 LPAs to sign, the order matters. We send a step-by-step signing guide with every LPA. Signing and witnessing correctly is your responsibility, so please ask us if anything is unclear before you sign.
Married or unmarried: does it make a difference?
For LPAs, no. Married couples, civil partners and unmarried couples all need their own LPAs, and anyone can name their partner as an attorney. Where it makes a big difference is your will: under the intestacy rules, an unmarried partner inherits nothing if there's no will. Our guides to dying without a will and mirror wills explain more.
What if you separate?
GOV.UK says your LPA may end if your attorney divorces you or ends your civil partnership with you. If you separate, or simply change your mind, you can remove an attorney from a registered LPA with a "partial deed of revocation" while you still have capacity, or end the LPA and make a new one. You can't add a new attorney to an existing LPA.
What it costs for a couple
| Option | Our price | OPG fees (paid separately, at cost) |
|---|---|---|
| 4 LPAs (both types each) | £149 per LPA | £368 |
| Couples bundle: mirror wills plus all 4 LPAs | £599 | £368 |
The bundle also includes your mirror wills, so it's the best value if you need wills too. We don't charge VAT. If one of you earns less than £12,000 or gets certain benefits, you may qualify for a reduced or no OPG fee on your own LPAs. See how much an LPA costs.
Registration takes 8 to 10 weeks if there are no mistakes, so it's worth starting while you're both well. Once someone has lost capacity, it's too late for them to make an LPA.
Frequently asked questions
Can a couple make a joint LPA?
No. Each LPA is made by one person. You each make your own, and you can name each other as attorneys.
How many LPAs does a couple need?
If you both want both types, 4: a property and financial affairs LPA and a health and welfare LPA each. The OPG fees come to £368.
Can my husband or wife witness my LPA?
Not if they're your attorney. GOV.UK says attorneys can't witness the donor's signature or act as certificate provider, although attorneys can witness each other signing.
Should we add our children as attorneys?
Many couples name each other first and their adult children as replacement attorneys, or appoint them alongside each other. It means someone can still act if you both become unwell.
Does an LPA end if we divorce?
GOV.UK says your LPA may end if your attorney divorces you or ends your civil partnership. If you separate, review your LPAs and your will.
Want us to talk it through with you?
Request a free, no-obligation call back. We'll explain your options and give you a fixed price before we start. We call back usually within the hour during our calling hours (Mon–Fri 9am–8pm, Sat 9am–1pm).
Request a free call back Take the free LPA quiz
See our fixed prices: wills from £59, LPAs £149 each. We don't charge VAT.
Sources: GOV.UK: Make, register or end a lasting power of attorney; GOV.UK: Choose your attorney; GOV.UK: Make a lasting power of attorney; GOV.UK: Register a lasting power of attorney; GOV.UK: End your lasting power of attorney. Checked 24 October 2026.