Preferences and instructions
Guidance from Estate Advisory Group
Preferences are wishes your attorneys should consider. Instructions are binding rules they must follow. Wrong wording here is a leading cause of rejection.
The difference
| Preferences | Instructions | |
|---|---|---|
| Effect | Guidance — attorneys should consider | Binding — attorneys must comply |
| Example | "I would prefer to remain in my own home" | "My attorneys must consult my daughter Jane before selling my home" |
| Risk | Low | High — an unworkable instruction can paralyse the LPA |
What the OPG will not accept
- Anything unlawful, such as directing an attorney to make large gifts.
- Instructions that contradict the appointment, such as requiring unanimity when attorneys act severally.
- Requirements no attorney can satisfy, or that need someone else's consent who may not be available.
- Health instructions in a financial LPA, or financial instructions in a health LPA.
- Attempts to appoint a substitute decision-maker not named as an attorney.
Blank is often better
Most LPAs need nothing in this section. A well-meaning instruction that later becomes impossible is far more damaging than leaving it empty and choosing attorneys you trust.
Wording that generally works
- "I would like to be cared for at home for as long as it is safe and affordable." (preference)
- "I would prefer my investments to avoid tobacco and gambling." (preference)
- "My attorneys must obtain professional financial advice before selling investments worth more than £25,000." (instruction)
Our wizard offers a controlled set of tested wordings, flags anything likely to be rejected, and never lets you write a health instruction into a financial LPA.
Common questions
Can I say who my attorneys must consult?
Yes, but keep it to a consultation duty rather than a veto, and think about what happens if that person cannot be reached.
Can I stop my house being sold?
An absolute ban is risky: if care fees have to be paid, your attorneys would need to go to court. A preference is usually the wiser route.
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This is general information about how Lasting Powers of Attorney work in England and Wales. It is not legal advice about your situation. What we do and do not do.
Published by Estate Advisory Group