Write It Right: The Do’s and Don’ts of LPA Instructions ✔️❌

“If I lose capacity, I’d like my daughter to make decisions for me – but only if she never sells my house, keeps me out of a care home, and continues my weekly yoga and prosecco nights.”

It’s a scene we hear countless times when we are talking to clients about making a Lasting Power of Attorney. And it’s completely understandable. When someone makes an LPA, they are not just filling in a form – they’re handing over serious power to someone else.

So, naturally, they want to set the rules.

Only … there’s a catch.

Some of those rules, however heartfelt, practical, or reasonable they seem, might actually invalidate part of the LPA, or worse, render it unusable when it matters most.

A quick refresher: what is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that lets you (the donor) choose trusted people (your attorneys) to make decisions on your behalf if you lose the capacity to do so yourself.

There are two types:

• Lasting Power of Attorney for Health and Personal Welfare: e.g. medical treatment, care, daily routines.
• Lasting Power of Attorney for Property and Financial Affairs: e.g. banking, bills, property, spending.

Each form gives you the option to include preferences and instructions – but the difference between the two is absolutely crucial.

Preferences vs Instructions: what’s the difference?

Preferences are guidelines: things you’d like your attorneys to do. They aren’t legally binding, but attorneys must consider them and make decisions in your best interests.

Instructions are commands: your attorneys must follow them. Unless the instruction is unlawful, impractical, or contradicts the Mental Capacity Act, in which case it will be struck out, sometimes even by the court.

What not to say: real cases of LPAs going off the rails

Over the years, the Court of Protection and the Office of the Public Guardian (OPG) have had to step in and untangle LPAs that included well-intentioned, but legally problematic, wording.

• “You must never sell my house”

In Re X (2014), the OPG struck this out. If the donor needed care and the house was the only way to fund it, the attorney would be trapped. The instruction prevented acting in the donor’s best interests.

• “Don’t put me in a care home unless [X] agrees”

In Re J [2010], this was deemed unworkable. If the attorneys were unable to reach those people quickly, the donor could be left without necessary care.

• “You must always follow my religious beliefs, no exceptions”

In one OPG case, this was reworded as a preference, as rigid religious instructions conflicted with best interests decisions.

• “My attorney must consult [friend or sibling] before making decisions”

In Re Public Guardian’s Severance Applications [2017], this was struck out, as attorneys cannot be required to act jointly with non-attorneys.

• “My attorney must act jointly with a friend who’s not an attorney”

This statement was also struck out in the 2017 judgment. These kinds of instructions create confusion and undermine legal authority.

What can you say? Practical, powerful examples of LPA instrutions

Preferences

• “I would prefer to be cared for in my own home for as long as possible.”
• “I’d like my attorneys to consult my GP before making major medical decisions.”
• “Please ensure I have access to my piano, even if I need help to play it.”

Instructions

• “My attorneys must act jointly when selling my home.”
• “My attorneys must not make gifts above £500 unless authorised by the Court of Protection.”
• “My attorneys must keep a written record of all major financial transactions.”

LPA drafting tips: say it well, say it wisely

• Don’t create legal traps. Think about the practical impact of your wording.
• Use preferences for values. Save instructions for legal or financial boundaries.
• Avoid absolutes. Words like “never,” “always,” and “only if” tend to cause trouble.
• Stay within the law. You cannot authorise euthanasia, large gifts, or actions contrary to statute.
• Test it with someone else. If a solicitor or trusted friend doesn’t understand your meaning, neither will the OPG.

The bottom line

A Lasting Power of Attorney isn’t just a form, it’s a lifeline to your future self. It’s your way of saying, “Here’s what matters to me,” even when you can no longer speak for yourself.

But clarity is kindness.

If you muddle your message with legally dubious instructions, your LPA may never be registered, or your attorney may face serious barriers when trying to help you.

So yes, put your heart into it. Let your LPA reflect your values, your priorities, your dignity.

But let the law shape the language.

And if in doubt? Ask. Because some things are too important to leave to chance.

LPAs: How Elite Law Solicitors can help

If you would like to talk to someone about what to include in a Lasting Power of Attorney or are considering putting one in place please do get in touch with one of our Private Client Lawyers.

At Elite Law Solicitors, we can help you to record and protect your financial interests clearly and fairly. Call us today and book a free initial consultation by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk, or by completing our Free Online Enquiry Form.

Further information on Lasting Powers of Attorney

If you need further information on LPAs, you can read our complete guide on Lasting Powers of Attorney for more detailed guidance on how they work, why they are important, and the steps involved in putting them in place.