Instructions and preferences: telling your attorneys what you want
Your LPA can tell your attorneys what you want, not just who decides. Each type of LPA has a section for preferences and instructions. Used well, it guides your attorneys on your money, your care and your medical treatment. Left blank, it leaves them to guess.
The official guide from the Office of the Public Guardian puts it plainly: Most people leave this page blank.
It also warns that Complicated or badly worded instructions or preferences can make an LPA unworkable.
So the section that could do the most good is the one most people skip, and the one that is easiest to get wrong.
What is the difference between a preference and an instruction?
The guide explains it like this:
- Preferences are
what you’d like all your attorneys to think about when they make decisions for you. Your attorneys don’t have to follow them but should bear them in mind.
- Instructions
tell your attorneys what they must do when acting on your behalf.
Instructions are stronger, but riskier. The guide says Instructions can cause more problems than preferences
, and some kinds of instruction do not work at all. For example, an instruction that forces your attorneys to give your money to someone else is likely to be ineffective
. The same wish written as a preference can be valid. Choosing the right form for each wish matters.
Three ways to make an LPA
| Go direct to GOV.UK | Use a solicitor | Capacity Vault | |
|---|---|---|---|
| Fee for preparing both LPAs | Nothing | £600 to £900 for one person (a) | £240 for one person |
| Registration fee | £92 per LPA | £92 per LPA | £92 per LPA |
| Preferences and instructions | You write your own, using the official guide’s examples | Drafted for you after advice | Choose from ready-written clauses and add your details |
| Checked before you sign | No. The Office of the Public Guardian checks the LPA when you apply to register it, after it is signed | Yes, by your solicitor | Yes, by a solicitor |
(a) The published fixed fees of two firms of solicitors, including VAT, checked on 26 October 2026: £600 at The Legal Practice and £900 at PDA Law. Many firms do not publish a price. All our prices include VAT.
Going direct costs least, but you are on your own with the wording. A solicitor gives advice tailored to you, at a much higher price. We sit in between. Our questionnaire offers ready-written clauses for both types of LPA, and many follow the examples in the official guide. You choose the ones you want and fill in the details, such as names and amounts. A solicitor then checks your answers and documents before you sign.
What our clauses cover
These are the clauses you can choose from, grouped by subject. Some are preferences and some are instructions, and the questionnaire uses the right form for each.
Paying your attorneys
- An annual fee for your attorneys: a fixed fee each year, which stops if your money falls below a level you set. Available in both types of LPA.
Why this matters, with a real case
Gifts and charity
- Keep up birthday and festive gifts: the presents you already give carry on.
- No gifts at all: your attorneys may not give your money away.
- Keep up charity donations: the causes you support keep hearing from you, if you can afford it.
- A new yearly donation: a set amount to a charity you name.
Why this matters, with a real case
Investments and everyday money
- Reinvest interest into your ISA: each year’s interest goes into next year’s allowance.
- Ethical funds: your money is invested in line with your values.
- Low-risk investments: your attorneys do not gamble with your savings.
- A minimum current-account balance: there is always enough to pay the bills.
- Advice before large investments: your attorneys must take financial advice above an amount you set.
Why this matters, with a real case
Accounts and professional help
- A tax accountant for your tax return: a professional keeps you right with HMRC.
- Annual accounts to people you name: someone else can see how your money is being handled.
- A paid professional adviser: your attorneys can get expert help and pay for it from your money.
Why this matters, with a real case
Consulting family and your other attorneys
- A named person to consult: someone who knows you well is asked for their view.
- Your two sets of attorneys keep each other informed: if different people hold your financial and your health LPA.
Why this matters, with a real case
Your home and where you live
- Your doctor’s view before your home is sold: if your attorneys think you can no longer decide for yourself.
- Your doctor’s view before a move to a care home: you stay at home unless it is no longer safe, even with support.
- Living near your family: wherever you live, it is as close to them as possible.
- The same care home as your partner: and, if possible, the same room.
Why this matters, with a real case
Medical treatment and end of life
- Palliative care: comfort and freedom from pain if you have a condition you name.
- Life-sustaining treatment: refused in the circumstances you choose.
- Generic medicines: where they are available.
- No treatment against your religion: an instruction your attorneys must follow.
Why this matters, with a real case
Daily life, beliefs and pets
- Your diet: vegetarian, vegan, halal or kosher.
- Haircuts, manicures and pedicures: the small things that keep you feeling like yourself.
- Exercise and fresh air: time outdoors every day, whether or not you are mobile.
- Your place of worship: regular attendance, and care that reflects your beliefs.
- Your pets: looked after, and rehomed properly if they cannot stay with you.
Why this matters, with a real case
Digital assets
- Access to your devices and online accounts: your attorneys can deal with your email, photos, online banking and other accounts.
Why this matters, with a real case
Your will and your records
- A copy of your will for your attorneys: so they do not undo your plans by mistake. The original stays where it is.
- Respecting gifts in your will: your attorneys check your will before selling something you have left to someone.
- Your medical and care records: your attorneys can see them when making decisions for you.
Why this matters, with a real case
What can happen when nothing is written down
In Rogers v Wills, a daughter cared for her mother at home for about two and a half years. Her mother insisted she be paid properly
, but no figure was ever agreed. The mother had made LPAs, and nothing in the judgments suggests they said anything about paying for her care. After she died, the daughter was prosecuted for theft and acquitted, then sued her mother’s estate. The High Court awarded her £127,500 plus interest. We explain the case, and what it means for your LPA, in our guide to paying your attorneys and family carers.
Make LPAs that say what you want. £120 per LPA including VAT, with ready-written preferences and instructions, and a solicitor checking everything before you sign.
This article is for general information and is not legal advice. If you are not sure which preferences or instructions suit you, please get in touch.
Sources
- LP12: Make and register your lasting power of attorney, Office of the Public Guardian. The source of every quotation about preferences and instructions.
- Register a lasting power of attorney on GOV.UK. The £92 registration fee.
- Fees for wills and LPAs, The Legal Practice. £500 plus VAT for both LPAs, checked on 26 October 2026.
- Power of attorney costs, PDA Law. £900 including VAT for both LPAs for one person, checked on 26 October 2026.
- Rogers v Wills [2025] EWHC 1367 (Ch) on Find Case Law
- Rogers v Wills [2026] EWHC 2231 (Ch) on Find Case Law
