LPAs for Unmarried Partners: Why You Are More Vulnerable

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 9 April 2026

Millions of couples in England and Wales live together without being married or in a civil partnership. Many assume their partner would automatically be able to manage their finances or make medical decisions if something went wrong. That assumption is completely wrong — and it leaves unmarried partners in a far more vulnerable position than most people realise.

The Myth of “Common Law Marriage”

One of the most persistent legal myths in the UK is the idea of “common law marriage.” Many people believe that if you live with someone long enough, you eventually gain the same legal rights as a married couple. This is simply not true.

There is no legal concept of common law marriage in England and Wales. It does not matter whether you have lived together for two years or twenty. It does not matter if you share a mortgage, have children together, or consider yourselves married in every way except on paper. In the eyes of the law, you are two unrelated individuals.

This has serious consequences if one partner loses mental capacity. Married couples and civil partners have certain automatic rights that cohabiting couples simply do not have. Without a Lasting Power of Attorney, your long-term partner could be shut out of critical decisions about your health, your finances, and your future.

Why Unmarried Partners Are More Vulnerable Without an LPA

When a married person loses mental capacity, their spouse is typically the first person consulted by doctors, banks, and care providers. While marriage does not grant automatic legal authority either, married partners are generally given more weight in best-interest decisions and are more likely to be appointed as deputies by the Court of Protection.

Unmarried partners have no such standing. In practice, this means:

• Banks and financial institutions — they will not allow you to access your partner’s accounts, pay their bills, or manage their money
• Hospitals and care homes — medical professionals are not required to consult you about treatment decisions
• Property decisions — you cannot sell, remortgage, or manage property held in your partner’s sole name
• Government agencies — HMRC, the DWP, and local authorities will not deal with you on your partner’s behalf

What Happens If an Unmarried Partner Loses Capacity Without an LPA

Take a real-world scenario. Sophie and David have lived together for 15 years. They share a home, have two children, and manage their finances jointly in every practical sense. David suffers a stroke and loses the ability to manage his own affairs.

Without an LPA in place, Sophie cannot access David’s bank accounts, deal with his pension provider, or make decisions about his medical care. She would need to apply to the Court of Protection for a deputyship order — and that process is neither quick, cheap, nor guaranteed.

• Cost — a deputyship application typically costs £1,000 or more, including the £371 court fee and ongoing supervision charges
• Time — the process takes several months, sometimes longer
• No guarantee of appointment — the court may appoint a blood relative (such as a parent or sibling) instead of the unmarried partner
• Ongoing oversight — deputies must file annual reports and accounts with the Office of the Public Guardian, at a cost of up to £320 per year

Compare that to creating an LPA, which costs £92 to register and can be done in a matter of weeks. The difference is stark. For a fuller picture of what happens without an LPA, see our dedicated guide.

Both Types of LPA in the Context of Unmarried Couples

There are two types of Lasting Power of Attorney, and unmarried couples should seriously consider having both.

For unmarried couples, the Health & Welfare LPA is arguably even more critical than for married couples. Without one, medical staff have no obligation to consult your partner about treatment decisions. They will look to next of kin — and for an unmarried person, that typically means parents or siblings, not a long-term partner.

Appointing Your Partner as Attorney

You do not need to be married, related, or in a civil partnership to appoint someone as your attorney. Under the Mental Capacity Act 2005, any person aged 18 or over can be named as an attorney, provided they have mental capacity themselves and are willing to take on the role.

Appointing your unmarried partner is perfectly legal and extremely common. In many ways, the reasons for choosing your partner are the same whether you are married or not:

• They know your daily routines, finances, and health needs
• They understand your values and preferences
• They are likely to act in your best interests
• They are already involved in your day-to-day life

For more on who qualifies, see our guide on whether a spouse or partner can be an attorney.

Should You Both Create LPAs for Each Other?

Yes — and this is one of the strongest recommendations we can make for unmarried couples. If only one of you creates an LPA, the other is left completely unprotected.

Think about it from a practical standpoint. If your partner creates an LPA naming you as their attorney, you would be able to manage their affairs if they lost capacity. But if you then had an accident yourself, your partner would have no authority over your finances or health decisions — unless you had also created an LPA naming them.

Each person needs their own LPA. These are individual legal documents — there is no such thing as a joint or shared LPA. Each one must be registered separately with the Office of the Public Guardian at a cost of £92 per LPA.

Creating both at the same time makes sense. It reduces the effort, keeps everything consistent, and means neither partner is left exposed. Our guide on how to make an LPA in the UK walks you through the full process step by step.

Same-Sex Couples and Civil Partnerships

Civil partners — whether same-sex or opposite-sex — are treated identically to married couples under the Mental Capacity Act 2005. This means civil partners benefit from the same legal standing when it comes to deputyship applications and are subject to the same automatic revocation rules if the civil partnership is dissolved.

Same-sex couples who are not in a civil partnership or marriage are in exactly the same position as any other unmarried couple. The law does not distinguish based on the gender of your partner — what matters is whether you have a legally recognised relationship.

For same-sex couples who are cohabiting but not married or in a civil partnership, an LPA is arguably even more important. Historically, same-sex partners have faced greater challenges when trying to be recognised as next of kin by hospitals and care providers. An LPA removes any ambiguity and gives your partner clear, legally enforceable authority.

What to Consider When Creating Your LPA as an Unmarried Couple

There are a few practical points to keep in mind when you and your partner create LPAs:

Common Questions About LPAs for Unmarried Partners

This guide was last reviewed and updated on 9 April 2026. Information is based on current legislation and OPG guidance for England and Wales.

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