Can You Limit What an Attorney Can Do?

Written by Anthony Dalton · Reviewed by James Tyrrell · Last reviewed 11 April 2026

Yes — you can limit what an attorney can do in your Lasting Power of Attorney. The LPA form gives you two tools for this: preferences (non-binding wishes) and instructions (legally binding restrictions). You can also limit attorney powers by choosing how your attorneys work together, such as requiring them to act jointly for certain decisions. Getting these restrictions right gives you control without making the LPA unworkable.

How Donors Can Limit Attorney Powers

When you create an LPA, you are not handing over unlimited control. The law gives you several ways to shape and restrict what your attorney can do. The three main tools are:

• Instructions — binding legal restrictions written into the LPA form that your attorney must follow without exception
• Preferences — non-binding wishes that guide your attorney but allow them flexibility to adapt
• Attorney appointment structure — choosing whether attorneys act jointly (must all agree), jointly and severally (can act independently), or a combination of both

Each approach works differently, and many donors use a combination to get the right balance of control and flexibility. The key is understanding what each one does — and what it does not do.

Preferences vs Instructions: What's the Difference?

This is the most important distinction to understand. Both appear on the LPA form, but they carry very different legal weight. For a deeper look at how to write both effectively, see our guide on adding preferences and instructions to your LPA.

Here is how preferences and instructions compare across the key areas that matter:

Common Restrictions Donors Include in Their LPA

While every donor’s situation is different, certain restrictions come up repeatedly. Here are practical examples of instructions that donors commonly add to their LPA:

• Property sale restrictions — “My attorneys must not sell my home at 22 Willow Close without first consulting my children, David and Sarah.”
• Spending limits — “Any single transaction over £5,000 must be agreed by both of my attorneys acting together.”
• Gifting caps — “My attorneys must not give gifts from my estate exceeding £100 per person per year, other than customary birthday and Christmas gifts.”
• Consultation requirements — “Before making any decision about my long-term care, my attorneys must consult my sister, Linda.”
• Record keeping — “My attorneys must keep written records of all financial transactions and provide a quarterly summary to my son, Tom.”
• Investment restrictions — “My attorneys must not invest my savings in high-risk products or individual shares.”

Notice that each example is specific enough to be actionable but does not prevent the attorney from doing their job entirely. That balance is what makes a restriction effective. For more on what attorneys can and cannot do with property, see our guide on whether attorneys can sell your property.

Using Joint Attorney Appointments as a Form of Limitation

One of the most effective ways to limit attorney powers does not involve writing a single instruction. Instead, you can control how your attorneys work together.

When you appoint two or more attorneys, you choose one of three structures:

The hybrid approach is a practical form of limitation. It builds in a safeguard for major decisions without creating bottlenecks for routine matters. For a full comparison, see our guide on joint vs joint and several attorneys.

What Restrictions the OPG Will and Won't Accept

The Office of the Public Guardian (OPG) reviews every LPA before registration. They will accept clear, lawful restrictions that do not prevent the attorney from acting at all. But they will reject instructions that are:

• Contradictory — for example, instructing your attorney to invest for maximum growth while also prohibiting any risk
• Impossible to follow — such as requiring your attorney to consult a specific person who has already died
• Unlawful — any instruction that asks an attorney to break the law, such as tax evasion or illegal activity
• Contrary to the Mental Capacity Act — instructions that would prevent the attorney from acting in your best interests
• So restrictive the LPA becomes unworkable — if following the instruction would effectively stop the attorney from doing anything useful

The OPG does not give personalised legal advice on wording. If your LPA is rejected because of a problematic instruction, you will need to correct it and resubmit — which means starting the registration process again and paying the £92 fee a second time.

When Instructions Are Too Restrictive

The biggest risk with instructions is not that they are too loose, but that they are too tight. An overly restrictive instruction can create exactly the kind of problem the LPA was supposed to prevent.

Consider this scenario: Patricia writes an instruction saying “My attorney must never sell my house under any circumstances.” Two years later, Patricia develops dementia and needs full-time residential care costing £4,000 a month. Her only significant asset is the house. Her attorney cannot fund her care because the instruction prevents the sale — and the instruction cannot be changed because Patricia no longer has mental capacity to revoke or amend the LPA.

The attorney’s only option at that point would be to apply to the Court of Protection for permission to override the instruction — a process that is expensive, stressful, and time-consuming. There is no guarantee the court would agree.

A better approach would have been a preference (“I would prefer not to sell my home unless it becomes necessary to fund my care”) or a softer instruction (“My attorney must not sell my home without first consulting my children”).

What Attorneys Are Already Prohibited From Doing by Law

Before adding restrictions, it helps to know that attorneys are already limited by law. Under the Mental Capacity Act 2005, attorneys must always act in the donor’s best interests and follow several fundamental rules. You do not need to write instructions for things that are already prohibited.

Attorneys are already prohibited from:

• Mixing funds — they must keep the donor’s money completely separate from their own
• Making a will — attorneys cannot create or change the donor’s will
• Profiting from their role — unless the LPA specifically allows reasonable payment
• Delegating their authority — with very limited exceptions, attorneys cannot pass their powers to someone else
• Making decisions the donor can still make — if the donor has capacity for a particular decision, the attorney must respect that
• Acting outside the LPA’s scope — a property and financial affairs attorney cannot make health decisions, and vice versa

For a complete list, see our guide on what attorneys are not allowed to do. Understanding these existing limits will help you focus your own restrictions on areas where they will actually add value.

Choosing the Right Attorney Is the Best Protection

Worth knowing: no amount of instructions can fully protect against an attorney who is dishonest or incompetent. The most effective safeguard is choosing someone you trust completely in the first place.

If you find yourself wanting to add very detailed restrictions because you do not fully trust the person you are appointing, that is a sign you may need to reconsider your choice of attorney rather than trying to control their every move through instructions.

Our guide on how to choose the right attorney covers what to look for, including trustworthiness, financial competence, availability, and willingness to take on the role. Getting this decision right matters more than any restriction you could write.

Common Questions About Limiting Attorney Powers

This guide was last reviewed and updated on 11 April 2026. Information is based on current legislation and OPG guidance for England and Wales.

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