Preferences and instructions
Guidance from Estate Advisory Group
Written and legally reviewed by Ramani Gill TEP, Solicitor and private client practitioner·Last reviewed 13 August 2026
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.
Worked example: a well-meant instruction that backfired
Barbara wrote in section 7 of her LP1F: "My attorneys must not sell my house under any circumstances." Two years later she moved into residential care and her savings ran low. Her attorneys wanted to sell the house to pay the fees, but the instruction blocked them outright, forcing an application to the Court of Protection to have it varied — months of delay and legal cost that a preference would have avoided entirely. A preference such as "I would like my home kept in the family if possible, but my attorneys may sell it if needed to pay for my care" would have given the same steer without the deadlock.
Absolute bans rarely age well
Circumstances change over decades. An instruction that feels protective today can trap your attorneys tomorrow. Where you feel strongly, say so as a preference and trust the attorneys you have chosen.
Checking your wording before you sign
- Read every instruction aloud and ask: could this ever become impossible to satisfy?
- Check an instruction does not require someone else's ongoing availability or consent.
- Keep financial rules in the LP1F and care wishes in the LP1H — never mix the two.
- When in doubt, leave it as a preference rather than an instruction.
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.
Do preferences carry any legal weight at all?
Yes — attorneys must have regard to them as part of acting in your best interests, but they are not bound to follow them if circumstances make that impractical or against your interests.
Can I add instructions after the LPA is registered?
No. A registered LPA cannot be edited; see changing or cancelling an LPA if your wishes have changed significantly.
Read next
Where this fits
This page is part of Forms, wording and signing. The pages below take it further.
- The LPA forms explained
LP1F, LP1H and LP3 — what each section asks and where people go wrong.
- Make an LPA online
The whole journey end to end: questions, documents, signing and registration.
Review and sources
Reviewed by Ramani Gill TEP, Solicitor and private client practitioner. Last reviewed 13 August 2026. We recheck fees, forms and Office of the Public Guardian guidance whenever they change — see our editorial policy.
Official sources
Skip the blank forms
We ask plain-English questions and prepare the LP1F or LP1H wording from your answers, checked for common completion errors.
The Office of the Public Guardian charges a separate £92 to register each LPA.
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