No, your LPA attorneys aren’t strictly bound by your specific preferences, but they should definitely keep them in mind. That’s why it’s crucial to pick LPA attorneys you trust and will respect your wishes when managing things for you under a Lasting Power of Attorney, whether it’s for health and welfare, property and finance, or both.
A common mistake is including conditions or instructions that are legally invalid. For example, you can’t instruct your attorney to assist with suicide or criminal activity, follow the decision of someone else who isn’t an attorney or put instructions in a property and finance LPA that relate to health and welfare and vice versa, although there is sometimes overlap.
If you include provisions like these, some or all of the Lasting Power of Attorney could need amending, and you’d be left without provision for managing your affairs in the meantime. It’s important to make sure everything is done properly and in a legally binding way.
Preferences in a Health and Welfare Lasting Power of Attorney (LPA) are things the LPA donor would like, but they aren’t legally binding. For example, preferences could be things like wanting to live near family or friends, getting regular haircuts or manicures, exercising a few times a week, or donating to charity.
Instructions in a Health and Welfare Lasting Power of Attorney (LPA) are a bit more serious—they’re mandatory and have to be followed. These might be things like not moving into a care home unless a doctor says it’s necessary, only eating vegan food, refusing blood transfusions, or continuing certain investments.
Preferences in a Property and Finance Lasting Power of Attorney (LPA) are things the LPA donor would like, but they aren’t legally binding. For example, preferences could be things like preferring certain types of investment, maintaining a certain balance in your bank account, or reinvesting any interest you earn the following year.
Instructions in a Property and Finance Lasting Power of Attorney (LPA) are a bit more serious—they’re mandatory and have to be followed. These might be things like specifying certain steps are taken if an investment exceeds a certain threshold, not selling your home unless a doctor has said you can’t live independently, or advising your attorneys they’re not allowed to make certain types of gifts on your behalf.