How to Add Preferences and Instructions to Your LPA
Understand the difference, see practical examples, and avoid the mistakes that get LPAs rejected.
Written by James Tyrrell · Reviewed by Anthony Dalton · Last reviewed
When you create a Lasting Power of Attorney, you get the chance to tell your attorneys how you would like things handled. The LPA form gives you two ways to do this — preferences and instructions — and the difference between them is more significant than most people realise. Getting this section right can make the difference between an LPA that works smoothly and one that causes confusion or even gets rejected by the Office of the Public Guardian (OPG).
At a glance
- Preferences are flexible wishes your attorney should consider but can override if circumstances require — they are not legally binding
- Instructions are legally binding rules your attorney must follow without exception
- Overly restrictive instructions can tie your attorney’s hands and may cause the OPG to reject your LPA
- When in doubt, use a preference — it gives your attorney flexibility to act in your best interests as situations change
What Are Preferences in an LPA?
Preferences are wishes you would like your attorneys to consider when making decisions on your behalf. They are guidance, not orders. Your attorneys should take them into account, but they are not legally binding.
This matters because circumstances change. A preference gives your attorney flexibility to adapt. For example, you might prefer to stay in your own home for as long as possible — but if your health deteriorates to the point where that becomes unsafe, your attorney can still arrange residential care without breaching the LPA.
Think of preferences as a letter to your attorneys explaining what matters to you. They help your attorney understand your values, routines, and priorities — which is especially valuable if the time comes when you can no longer express those things yourself.
What Are Instructions in an LPA?
Instructions are rules your attorneys must follow. They are legally binding. If you include an instruction in your LPA, your attorney has no discretion — they are required to comply with it, regardless of the circumstances.
Instructions are powerful, but they come with a risk. Because they cannot be overridden, even when situations change, a poorly worded instruction can tie your attorney’s hands at exactly the wrong moment. That is why the guidance from the OPG and legal professionals is consistent: use instructions sparingly and carefully.
Instructions sit within the framework of the Mental Capacity Act 2005, which requires attorneys to act in the donor’s best interests at all times. An instruction that conflicts with this duty, or that asks an attorney to do something unlawful, will be invalid.
The Key Difference — and Why It Matters
The distinction is straightforward on paper but causes real confusion in practice. Here is the core difference:
Preferences
Wishes your attorney should consider but can override if circumstances require it. Not legally binding. Provide helpful guidance and context about your values.
Instructions
Rules your attorney must follow without exception. Legally binding. Cannot be overridden even if your attorney believes a different approach would be better.
Why does this matter so much? Because putting something in the wrong section can have serious consequences. If you write a binding instruction when you meant it as a preference, your attorney may be unable to act in your best interests when the situation demands flexibility. And if you put a critical requirement in the preferences section, your attorney could legally disregard it.
Key point: When in doubt, use a preference rather than an instruction. Preferences give your attorney the flexibility to act in your best interests as circumstances change, while still making your wishes clear.
Practical Examples of Good Preferences
Good preferences reflect your personal values and daily life. They give your attorney a clear picture of what matters to you without boxing them into a corner. Here are some real-world examples:
- Staying at home — “I would prefer to remain living in my own home for as long as it is safe and practical to do so.”
- Religious practice — “I attend St Mary’s Church on Sundays and would like this to continue if possible.”
- Diet and food — “I am vegetarian and would prefer my meals to reflect this.”
- Social contact — “I would like my attorneys to keep my close friend Susan Clarke informed about my welfare and involve her in discussions about my care.”
- Pets — “I would like my cat to remain with me wherever possible, or to be rehomed with my sister if that is not practical.”
- Daily routine — “I enjoy walking in the morning and watching the news in the evening. I would appreciate my carers supporting these habits.”
Notice that none of these demand absolute compliance. They use phrases like “I would prefer”, “if possible”, and “I would like”. This gives your attorney room to adapt while still understanding what you care about. These preferences apply to both a Property & Financial Affairs LPA and a Health & Welfare LPA, depending on the subject.
Practical Examples of Good Instructions
Instructions should be used for firm boundaries — things you feel so strongly about that you want them followed regardless of circumstances. Keep them clear, specific, and achievable. Here are some well-drafted examples:
- Property sale consultation — “My attorneys must not sell my home at 14 Oak Lane without first consulting my children, Robert and Helen.”
- Financial separation — “My attorneys must keep my money and assets completely separate from their own at all times.”
- Medical consultation — “Before consenting to or refusing any major medical treatment on my behalf, my attorneys must consult my GP.”
- Gifting limits — “My attorneys must not make gifts from my estate exceeding £100 per person per year, except for customary birthday and Christmas gifts.”
- Accounting requirement — “My attorneys must keep written records of all transactions they make on my behalf and provide an annual summary to my daughter, Claire.”
Each of these is specific enough to be followed without ambiguity, but not so restrictive that it prevents the attorney from doing their job. That balance is what makes an instruction effective.
Common Mistakes: Overly Restrictive or Unclear Wording
This is where many people go wrong. The most common problem is writing instructions that are so restrictive they effectively prevent the attorney from acting in the donor’s best interests. The OPG may reject an LPA if the instructions are contradictory, impossible, or unlawful. For more on rejection risks, see our guide on common mistakes when creating an LPA.
Here are some real examples of problematic instructions:
- “My attorneys must never sell my house.” — What if the donor needs to fund residential care and the house is their only significant asset? This instruction could leave the attorney unable to pay for essential care.
- “My attorneys must always get a second medical opinion before agreeing to treatment.” — In an emergency, there may not be time. This could delay urgent, life-saving treatment.
- “My attorneys must invest my savings to achieve maximum returns.” — This is too vague to be followed and could push the attorney towards risky investments that are not in the donor’s best interests.
- Putting binding requirements in the preferences section — If you write “My attorney must not...” in the preferences box, it has no legal force. Your attorney can disregard it.
Tips for Writing Clear, Useful Preferences and Instructions
Getting this section right does not require legal training. It just takes some thought about what you actually want to achieve.
Ask yourself: is this a wish or a hard rule?
If you would want your attorney to be able to override it in exceptional circumstances, it belongs in preferences. If you want it followed no matter what, it is an instruction.
Be specific but not extreme
Name people, places, and amounts where relevant. Avoid absolute language like “never” or “always” in instructions unless you genuinely mean it without exception.
Think about what could go wrong
Before finalising an instruction, imagine a realistic scenario where following it rigidly would cause a problem. If you can think of one, consider softening it to a preference instead.
Keep the language simple
Write in plain English. Your attorneys (and potentially a court) need to understand exactly what you mean. Avoid legal jargon unless you are confident it is accurate.
Talk to your attorneys first
Share your preferences and instructions with your attorneys before the LPA is signed. Make sure they understand what you want and are comfortable carrying it out.
What Happens If an Attorney Ignores Instructions?
Because instructions are legally binding, an attorney who deliberately ignores them is breaching their duty under the Mental Capacity Act 2005. The consequences can be serious.
Anyone with a genuine concern — a family member, a care professional, or the donor themselves (if they still have capacity) — can report the issue to the OPG. The OPG has the power to investigate and, where appropriate, apply to the Court of Protection to have the attorney removed.
In serious cases, an attorney who acts outside their authority could face personal liability — meaning they might have to repay money or compensate the donor for losses caused by their actions. If the breach involves dishonesty or financial abuse, criminal charges are also possible.
Worth knowing: preferences do not carry the same weight. If your attorney does not follow a preference, that is not automatically a breach — provided they can show they acted in your best interests. This is another reason to be deliberate about which section you use.
Tip: If you are unsure about the wording of your preferences or instructions, a guided LPA service can help you get it right first time. See our pricing
Key Takeaways
- Know the difference before you write — putting a binding requirement in the preferences section gives it no legal force; putting a flexible wish as an instruction removes your attorney’s ability to adapt
- Good preferences use soft language — phrases like “I would prefer” and “if possible” give guidance without creating rigid constraints
- Good instructions are specific and achievable — name people, places, and amounts, but avoid absolute terms like “never” unless you genuinely mean it in every scenario
- Breaching an instruction has serious consequences — the OPG can investigate and the Court of Protection can remove the attorney, order repayment, or even refer the matter for criminal prosecution
- You cannot change preferences or instructions after registration — to update them, you must revoke the LPA and create a new one, paying the £92 fee again
Common Questions About Preferences and Instructions in an LPA
Can I include both preferences and instructions in the same LPA?
Yes. Most LPA forms have separate sections for preferences and instructions. You can include both, and many people do. Just make sure you put each item in the correct section, as instructions are legally binding and preferences are not.
What happens if my attorney ignores an instruction in my LPA?
Instructions are legally binding. If an attorney deliberately ignores an instruction, they are breaching their legal duty. This can be reported to the Office of the Public Guardian, who may investigate and, in serious cases, apply to the Court of Protection to remove the attorney.
Can the OPG reject my LPA because of what I write in the instructions?
Yes. If your instructions are contradictory, impossible to follow, or contain something unlawful, the OPG may reject the application. Overly restrictive instructions that would prevent your attorney from acting at all can also cause problems.
Can I change the preferences or instructions in my LPA after it has been registered?
No. Once an LPA is registered, the preferences and instructions cannot be amended. You would need to revoke the existing LPA and create a new one with updated wording, which means paying the £92 registration fee again.
This guide was last reviewed and updated on . Information is based on current legislation and OPG guidance for England and Wales.
Official Guidance
Relevant government resources
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