Can I Add Instructions and Preferences to My LPA?

When you create a Lasting Power of Attorney in the UK, you have the opportunity to add instructions and preferences that shape how your appointed attorneys will act on your behalf. But what is the difference between these two, and how do they actually work in practice? Understanding this distinction is crucial for anyone thinking about setting up a Lasting Power of Attorney, as it directly affects both the validity of your document and how smoothly the Office of the Public Guardian processes your application. For a full overview of how LPAs work, see our complete guide to lasting power of attorney.

What Are Instructions and Preferences in a Lasting Power of Attorney?

A Lasting Power of Attorney is a legal document that gives someone you trust the authority to make decisions about your health, welfare, and finances if you become unable to do so yourself. Within that document, you can include two types of additional guidance: instructions and preferences.

Instructions are legally binding. When you write an instruction into your Lasting Power of Attorney, your attorneys must follow it. There is no discretion here. If you instruct that a particular asset cannot be sold, for example, your attorney cannot sell it, regardless of the circumstances. Instructions are absolute and non negotiable.

Preferences, by contrast, are guidance. Your attorneys should consider them, but they are not legally obliged to follow them if circumstances change or if other factors come into play. A preference might be that you would prefer your home not to be sold, but if there is a genuine need to cover care costs, your attorney can override that preference if it is in your best interests.

This distinction matters enormously because the Office of the Public Guardian, which processes around 3,000 applications every single day, has a zero tolerance approach to errors. Any contradiction between the instructions and the powers granted in your Lasting Power of Attorney will result in the entire document being rejected.

What Instructions Can You Add to a Health and Welfare Lasting Power of Attorney?

Your Health and Welfare Lasting Power of Attorney covers decisions about medical treatment, personal care, and lifestyle matters. Instructions in this category might include specific wishes about life-sustaining treatment, preferences about where you would like to be cared for, or restrictions on certain medical procedures.

For example, you might instruct that you do not wish to receive certain types of treatment, such as resuscitation in particular circumstances, or that you want to remain in your own home for as long as possible. You could instruct that specific religious or cultural practices must be respected in your care. You might also set clear instructions about how your attorney should approach end of life decisions.

These instructions are particularly valuable because they reflect your deepest values and beliefs at a time when you can still express them clearly. Your attorney will have a binding obligation to follow them, which provides peace of mind that your wishes will be respected exactly as you have stated them.

However, it is important not to make instructions so restrictive or unclear that they create practical problems. If your instruction is ambiguous or contradicts the powers you have granted, the Office of the Public Guardian will reject the document. For example, if you state in one section that your attorney must always act jointly with another attorney, but later include an instruction that seems to require independent action, this contradiction will cause the application to fail.

What Instructions Can You Add to a Property and Financial Affairs Lasting Power of Attorney?

Your Property and Financial Affairs Lasting Power of Attorney covers all financial matters: bank accounts, bills, investments, property, and business assets if you own one. This is where many people want to add instructions to protect their assets or ensure their money is managed in a particular way.

You might instruct that your home cannot be sold without meeting certain conditions, such as only being sold to cover genuine care costs, and only after other assets have been used first. You could instruct that a particular piece of jewellery or family heirloom must never be sold. You might set rules about who can benefit from your money, or require that certain regular payments, like donations to a favourite charity, must continue.

You can also include instructions about how your business should be managed if you own one, or how your rental properties should be handled. These instructions help ensure that the day to day financial decisions made by your attorney align with your values and your long term plans.

Again, clarity and consistency are essential. An instruction that your home cannot be sold, combined with no other financial resources and mounting care costs, creates an impossible situation. The Office of the Public Guardian will identify this contradiction between the instruction and the reality of managing your affairs, and your application will be rejected.

What Is Instructions Versus Preferences: When to Use Each?

The key question is: should you use an instruction or a preference for a particular matter?

Use instructions for matters that are truly non negotiable and reflect your core values or absolute wishes. These are things you feel so strongly about that your attorney should never override them. Life-sustaining treatment decisions, cultural or religious practices in your care, and absolute restrictions on selling your family home are good examples of instructions.

Use preferences for matters where you have a clear wish but acknowledge that circumstances might change. You might prefer that your attorney does not sell your home, but recognise that if you develop a serious illness and require residential care, this may become necessary. You might prefer a particular approach to managing your investments, but accept that your attorney may need to adjust the strategy as markets change.

The advantage of using preferences is flexibility. Your attorney can adapt to circumstances without needing to seek court permission or become entangled in a contradiction that the Office of the Public Guardian will reject. Preferences give your attorney the guidance they need whilst allowing them to make sensible decisions as situations evolve.

What Are the Common Mistakes in Instructions and Preferences?

The most common errors people make is including instructions that contradict the powers they have granted. For instance, you might grant your attorney power to manage all your financial affairs, but then instruct that they cannot access a particular bank account. This is a contradiction that will result in rejection.

Another frequent mistake is writing instructions that are too vague or ambiguous. The Office of the Public Guardian needs to understand exactly what you mean. Phrases like “act sensibly” or “do what you think is best” are not instructions, they are suggestions. Instructions must be clear and specific enough that a third party could understand and enforce them.

Contradictory instructions are particularly problematic. In one real world example, someone stated in their document that their attorneys must act jointly, meaning they must make all decisions together. But later in the same document, they included an instruction that suggested the attorneys could act separately and independently. The Office of the Public Guardian could not resolve this ambiguity and rejected the application.

How the Office of the Public Guardian Reviews Instructions

The Office of the Public Guardian processes thousands of Lasting Power of Attorney applications every day. Each one is checked carefully for errors, contradictions, and clarity. If there is any conflict between the instructions in your document and the powers granted, the entire application will be rejected.

This is not a minor inconvenience. Rejection means starting again, gathering all the necessary signatures, and resubmitting. It can take weeks or months to resolve. For this reason, getting your instructions right the first time is vital.

The Office of the Public Guardian does not interpret instructions. They do not try to guess what you meant or work out the most sensible interpretation. If something is unclear or contradictory, they reject it. This zero tolerance approach is designed to protect you and ensure your Lasting Power of Attorney is absolutely clear about what your attorney can and cannot do.

What Is Getting Your Instructions Right: The Role of Professional Guidance?

This is where we can really help you during the free no-obligation consultation. At Elwyn & Mabel we specialise in Lasting Powers of Attorney and have years of experience in drafting instructions that are clear, legally sound, and actually workable in practice. We know exactly how to phrase an instruction so that the Office of the Public Guardian will accept it and can also identify when something should be a preference rather than an instruction, protecting you from the risk of rejection.

Want to get started? Book your free no-obligation consultation today.

What Is Examples of Well written Instructions?

A clear, workable instruction for a Health and Welfare Lasting Power of Attorney might be: “I do not wish to receive resuscitation in the event of cardiac arrest, and I wish this decision to be respected even if my family disagrees.” This is specific, unambiguous, and your attorney knows exactly what to do.

A good instruction for a Property and Financial Affairs Lasting Power of Attorney might be: “My home at 42 Oak Street may not be sold unless I am receiving residential care and all other assets have been depleted.” This sets a clear condition and priority order.

By contrast, a poorly written instruction might be: “Look after my money properly” or “Do not do anything silly with my house.” These are too vague. The Office of the Public Guardian cannot enforce them because it is impossible to know what counts as “properly” or “silly”.

Signatures must be completed in strict chronological order, and the Office of the Public Guardian processes approximately 3,000 documents a day with very little tolerance for minor errors. Any contradiction between the preferences included in the document and the powers granted will result in rejection. In my experience, many people assume they will sign the document and it is done, with little awareness of the registration process, the requirement for signatures from multiple parties in a specific order, or the involvement of certificate providers.

Please note: Lasting Powers of Attorney apply in England and Wales only. Different rules apply in Scotland and Northern Ireland.

Frequently Asked Questions

Do I need a solicitor to make a Lasting Power of Attorney?

No, you can create an LPA yourself using the GOV.UK online service or paper forms. However, a solicitor or professional estate planner can help ensure the document is completed correctly and tailored to your circumstances, reducing the risk of rejection by the Office of the Public Guardian.

How long does it take to register an LPA?

Registration typically takes between 8 and 12 weeks from the date the Office of the Public Guardian receives your application. During busy periods it can take longer. Your LPA has no legal effect until it is registered.

Can I make an LPA if I have been diagnosed with dementia?

You can make an LPA as long as you still have the mental capacity to understand what it is, what powers it gives, and who you are appointing. A diagnosis of dementia does not automatically mean you lack capacity. A certificate provider must confirm your capacity when you sign the document.

What happens if I lose mental capacity without an LPA?

If you lose capacity without an LPA in place, your family would need to apply to the Court of Protection for a deputyship order. This is significantly more expensive, takes longer, and gives the court ongoing oversight of decisions made on your behalf.

TL;DR: Can I Add Instructions and Preferences to My Lasting Power of Attorney?

Instructions and preferences allow you to shape how your Lasting Power of Attorney works, but they must be written carefully to avoid rejection.

• Instructions are legally binding and your attorney must follow them without exception.
• Preferences are guidance only, and your attorney can override them if circumstances change.
• The Office of the Public Guardian rejects any Lasting Power of Attorney that contains contradictions between instructions and the powers granted.
• Instructions must be specific, clear, and unambiguous or they will not be accepted by the Office of the Public Guardian.
• Professional guidance from estate planners helps ensure your instructions are legally sound and practically workable.

More From Elwyn & Mabel

Creating a Lasting Power of Attorney is one of the most important steps in planning for the future. Download the free Lasting Power of Attorney Checklist for a step by step guide to getting your LPA in place, explained in plain language.

For personalised guidance on creating a Lasting Power of Attorney or any aspect of estate planning, book a free consultation with Elwyn & Mabel. The team will answer questions, review individual circumstances, and help put the right plan in place.