Answer
Yes, a husband and wife can have power of attorney for each other, providing they are over the age of 18. When considering a power of attorney, individuals have the flexibility to choose one or more trusted individuals to act on their behalf.
This appointed individual, known as the attorney, can be a husband, wife, partner, relative, friend, or even a professional like a solicitor. The key requirement is that the attorney must be 18 or older and have the mental capacity to make decisions.
Residence in the UK or British citizenship is not mandatory for an attorney. The selection process should involve assessing the potential attorney's ability to manage their own affairs, the level of trust you have in them, and their willingness to act in your best interests.
Responsibilities of an attorney include following the instructions and preferences outlined in the Lasting Power of Attorney (LPA), aiding the individual in making their own decisions to the extent possible, and always acting in the individual's best interests while respecting their human and civil rights.
Choosing a reliable and trustworthy attorney is crucial to ensure proper representation and decision-making on behalf of the individual. This is why many people choose their partner, as they know they can rely on them. However, some people may decide that they want someone else to be their attorney. It depends on your preferences and your personal circumstances.