FAQs About Preferences and Instructions in Lasting Power of Attorney

No. They are optional.

A Lasting Power of Attorney is valid without them.

However, many people choose to include preferences to guide their attorneys.

Instructions should only be added if they are clear, lawful and practical.

Overly restrictive instructions can cause problems later.

Common mistakes include:

• Writing instructions that are too vague
• Creating rules that conflict with the Mental Capacity Act
• Including impossible conditions
• Contradicting other parts of the LPA
• Restricting attorneys so much they cannot act

Unclear wording can delay registration with the Office of the Public Guardian.

In serious cases, invalid instructions may be removed by the Court of Protection.

Examples of preferences include:

• I would prefer to remain living at home for as long as possible
• I would like to follow a vegetarian diet
• I would prefer treatment that prioritises comfort over aggressive intervention

These preferences help attorneys understand the donor’s values.

They support decision making if the donor loses mental capacity.

Examples of instructions might include:

• My attorneys must consult a named doctor before consenting to major treatment
• My attorneys must not move me into residential care unless two medical professionals agree

For life sustaining treatment, specific wording is required in the LPA form.

Instructions must not conflict with clinical law or safeguarding duties.

Examples of preferences might include:

• I would prefer my home not to be sold unless absolutely necessary
• I would like my money invested cautiously
• I would like gifts to continue at birthdays and Christmas

Preferences guide decision making.

They are not legally binding.

Examples of binding instructions might include:

• My attorneys must not sell my home unless a medical professional confirms I cannot return home
• My attorneys must keep my investments with a regulated financial adviser
• My attorneys must consult a named person before making major financial decisions

Instructions must be realistic and lawful.

They should not prevent attorneys from managing finances properly.

In a UK Lasting Power of Attorney, Preferences are guidance.

They tell your attorneys what you would like to happen.

Instructions are legally binding.

They tell your attorneys what they must or must not do.

If an instruction is valid and workable, attorneys must follow it.

Under the Mental Capacity Act 2005, attorneys must act in the donor’s best interests.

Best interests means looking at the full picture. This includes medical advice, financial impact, and the donor’s past and present wishes.

Wishes are what the donor would like.

Best interests is the legal standard attorneys must apply when making decisions.

Your preferences help attorneys understand your wishes. But they must still consider what is best overall at the time.

If preferences are unclear, attorneys must interpret them carefully.

If preferences contradict each other, attorneys must prioritise best interests.

If instructions are contradictory or legally invalid, the Office of the Public Guardian may raise concerns during registration.

In complex cases, the Court of Protection may need to decide.

Clarity protects everyone.

Instructions cause problems when they:

• Prevent attorneys from paying essential bills
• Stop the sale of a property when funds are needed for care
• Require agreement from someone who is not legally involved
• Conflict with professional medical advice

If an instruction makes it impossible for attorneys to act in the donor’s best interests, it may be challenged.

Clear and simple wording reduces risk.