LPA Preferences and Instructions: How to Record Your Wishes
LPA preferences and instructions serve different purposes. A preference guides your attorneys; a valid instruction sets a requirement they must follow. Before adding either, decide whether you want to explain what matters to you or impose a limit on how a decision can be made.
A familiar concern is that choosing a trusted person still leaves important wishes unspoken. Perhaps staying close to friends matters, or you want particular routines respected. This guide explains how to prepare those wishes for an LPA discussion under the law of England and Wales. It does not provide clauses to copy into a form.
Start with the outcome you want
Write a short account of what you would want someone to understand about your life. Begin with ordinary language rather than legal phrases. Identify the concern, why it matters and whether circumstances might change your view. A useful discussion starts with the person making the LPA, rather than a list supplied by a proposed attorney.
Our practical suggestion is to separate wishes into topics before the appointment: care and daily life, money and property, and communication with other people. This is a planning exercise, not an extra formality. You do not need to finish legal wording before asking for help.
What does a preference do?
OPG explains that a preference tells attorneys what to consider, without requiring them to follow that outcome in every situation. Use it to communicate priorities and the reasons behind them. The distinction matters when a wish may need to be weighed against changing care needs, available choices or other relevant circumstances.
For a hypothetical planning discussion, someone might explain that remaining connected with a local community is especially important. An adviser could explore what that means: familiar visitors, language, transport, worship or a particular support network. Those details make the underlying wish clearer than a broad request to keep everything the same. This is an illustration, not recommended LPA wording.
When would an instruction need closer checking?
An instruction is intended to bind the attorneys, within the law and their authority. OPG warns that complicated or poorly expressed provisions can make an LPA unworkable. A condition may sound reassuring when you write it but create an obstacle when someone needs to act.
Before requesting a restriction, discuss the problem you are trying to prevent. Ask what the proposed words would require, who would have to do something, how compliance would be established and what would happen if that step became impossible. Treat those questions as a way to test the proposal, without assuming that every concern needs a binding condition.
Your wishes remain relevant to best interests
Section 4 of the Mental Capacity Act 2005 requires a best-interests decision-maker to consider relevant wishes, feelings, beliefs and values, so far as reasonably ascertainable. A preference being non-binding does not make the person's perspective irrelevant. The decision still has to be approached through the applicable legal framework.
When preparing for advice, explain what has remained important over time and whether a current wish differs from an earlier statement. If you have already written something about care or treatment, bring it. Let the adviser see the actual document and its date rather than relying on a relative's summary of what it supposedly says.
Check the whole arrangement together
Read proposed wishes alongside the rest of the LPA. OPG specifically warns against instructions that contradict the chosen attorney decision-making arrangement. A condition should not be assessed as an isolated sentence. Existing treatment documents, unusual financial arrangements and competing instructions may need specialist advice.
Our practical suggestion is to ask the drafter to explain the intended effect back to you using an ordinary example. If that explanation differs from what you expected, resolve the difference before signing. Do not assume that a clause does what you want simply because it uses formal language or appears in somebody else's document.
Can section 7 be left blank?
OPG describes the preferences and instructions section as optional and says many people leave it blank. Its guide also explains the use of continuation sheets where needed. Optional wording should have a clear purpose; filling available space is not a reason to introduce restrictions.
Prepare questions rather than trying to maximise the amount written. Which wish most needs explaining? Which concern could be addressed through the choice of attorney or a conversation? Which issue requires tailored advice? Keep your notes distinct from the completed legal instrument so nobody mistakes discussion material for the final terms.
Prepare for an LPA appointment
Bring existing LPAs and relevant planning documents, together with a short account of your priorities. Mark statements you feel strongly about and matters you are still considering. Tell the practitioner if another person helped organise the notes, while keeping your own choices clear.
If you feel rushed or find a question difficult, ask for it to be explained differently and take time to consider the answer. A completed questionnaire should support the discussion. It should not replace your opportunity to understand what the eventual document will do.
When reviewing the draft, read the proposed wording separately from your appointment notes. Ask whether each sentence has a clear purpose and whether you understand its effect. Keep a short list of questions for the practitioner instead of making informal edits after signing. This is a practical review habit, not an additional execution requirement.
Help recording your wishes
H.A. Law Advisory provides non-reserved LPA preparation and guidance for suitable matters in England. We can discuss your priorities, clarify the agreed service and identify wording that requires further advice. The donor makes the substantive choices. Complex restrictions, capacity disputes, specialist financial arrangements and Court of Protection work require appropriate referral.
Official guidance
General information checked on 19 October 2026. England and Wales LPA framework; H.A. Law Advisory serves clients in England and is an independent paralegal practice, not a firm of solicitors.
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