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Many people believe that when they get married, their spouses automatically have the power to make decisions on their behalf however, this is not the case. Spouses do not automatically have power of attorney over each other's finances or health decisions. To learn more about the differences in the legal powers granted by marriage, and by a power of attorney, our wills and probate solicitors discuss this below. 

Does a Spouse Need a Lasting Power of Attorney To Act on Your Behalf? 

For the large majority of legal and financial matters, if you wish to act on behalf of someone else, a Lasting Power of Attorney is required. This is not automatically granted to spouses through marriage, so many people opt to appoint their spouse as their attorney. If you wish for your spouse to be designated to take care of your assets and affairs, you should get in touch with a specialist Wills and Probate solicitor, such as MG Legal, in order to appoint your spouse as your attorney by making a Lasting Power of Attorney. 

Specialist Wills and Probate Solicitors: 

MG Legal's leading Wills and Probate Solicitors in Preston offer all of our private client services on a clear, fixed-fee rate. 
 
Our team put your first, and work with care to ensure that your wishes are met. Call us today on a free, no-obligation basis at: 01772 783314 
Get in touch today to speak to a Wills and Probate Solicitor. 

Power of Attorney vs. Spouse’s Rights: 

Generally speaking, a Lasting Power of Attorney is the only way in which a person has legal authority to make decisions on behalf of another, but this is not always the case. In some cases, a person may have appointed somebody to discuss health matters with their healthcare provider, such as their GP. This would not automatically be their spouse or even a relative, and it is likely that the Healthcare provider would ask for sight of a Health Lasting Power of Attorney at a later date. 
 
When it comes to property and assets, it can be more complex. For example, if a property is owned in your sole name, then the attorney under your Lasting Power of Attorney can be authorised to manage your property (at your direction whilst you have capacity, or on your behalf if you do not), including a sale of the property, repairs or renting this out (as long as there are no restrictions on this in the Lasting Power of Attorney document).  
 
If the property is owned by more than one person, then the situation can be more complicated. In some cases, the owner who has capacity may be required to obtain the signature of the incapacitated person on documents. As that person has no capacity, this would not be possible. Therefore, the person without capacity would need to have someone appointed to represent their interest. In cases where the property is jointly owned by spouses, they will quite often appoint each other as Attorneys and therefore the co-owner and attorney could be one and the same, 
 
If you are looking to appoint your spouse as an attorney in order to ensure that they have legal authority to assist in the management of your affairs, then do not hesitate to reach out to our specialist wills and probate solicitors to learn more about how we can help you. Every person's circumstances are different and you should therefore always seek specialist legal advice to ensure you are receiving advice tailored to you. 

What is a Lasting Power of Attorney? 

A Lasting Power of Attorney (LPA), which replaced the Enduring Power of Attorney (EPA) on 1st October 2007, is a legal document that can be put in place whereby the Donor appoints an Attorney or Attorneys to make decisions on their behalf in relation to Property and Financial matters and/or Health and Care decisions.  
 
The Financial Decisions LPA can be used by your appointed Attorneys to make decisions about things such as: 
 
• Paying your Mortgage 
• Investing Money 
• Paying Bills 
• Arranging repairs to property 
 
The Health and Care Decisions LPA can be used by your Attorneys to make decisions about things such as: 
 
• Where you should live 
• Your medical care, including whether or not you receive life sustaining treatment (if you give your attorneys authority in the LPA document) 
• What you should eat 
• Who you should see and interact with 
• What kind of social activities you should do 
 
It is important to note that just because your appointed Attorneys can make decisions about the things listed above, you do not necessarily have to let them make all of the mentioned decisions, and you can include specific instructions or restrictions when you make the LPAs, depending on your specific wishes. To learn more about this, contact us online here. 

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How do I appoint my spouse as my Attorney? 

If you are looking to appoint your spouse as your Attorney, then you should get in touch with a specialist wills and probate solicitor dealing with Lasting Powers of Attorney as soon as possible. 
 
Here at MG Legal, our designated team of Wills and Probate solicitors offer reliable Lasting Powers of Attorney services, at a clear fixed-fee rate, with the option to create mirrored Lasting Powers of Attorney as a couple at a discounted rate. To learn more about this, and our clear fixed-fee Wills and Probate services, see this here. 

Make a Lasting Power of Attorney with MG Legal’s Wills and Probate Solicitors: 

Here at MG Legal, our Wills and Probate solicitors are experts in preparing and registering Lasting Powers of Attorney, both for Health and Care decisions, and those for Property and Financial decisions. 
 
Our experts are happy to advise you on restrictions that you, as the Donor, may wish to impose upon your Attorney, and what conditions can be imposed on the management of your affairs to help you stay in control of your life. Our bespoke Lasting Power of Attorney services ensure that your arrangements are unique to you, and your specific wishes, or your wishes as a couple. To learn more about making a Lasting Power of Attorney, and how MG Legal can help, see this here. 
 
Or, simply contact us online, here, to speak to a specialist Wills and Probate solicitor within one working hour. 
Expert legal services across England and Wales: 
No matter where you are located across England and Wales, MG Legal's expert Wills and Probate solicitors are here to help you to achieve the best possible outcome in your legal matter. 
 
To speak to a solicitor today, contact us online here. Or give us a call on 01772 783314 
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