What is a Lasting Power of Attorney?

A Lasting Power of Attorney (LPA) is a legal document that lets you choose someone you trust to make decisions on your behalf, if you ever become unable to make them yourself. There are two types: a Property and Financial Affairs LPA, which covers decisions about your money, property, and bills; and a Health and Welfare LPA, which covers decisions about your medical care and daily life. You must be 18 or over and have mental capacity to make an LPA. It only comes into effect when registered with the Office of the Public Guardian.

How much does an LPA cost?

The questionnaire is completely free. Seeing your completed document is free. If you want us to generate your completed, checked document and email it to you — that is £39 per document, or £69 for both. Optional extras like our signing guide (£67) and print and post service (£25) are just that — optional. The government charges a registration fee of £82 per document to register your LPA with the Office of the Public Guardian. This is paid directly to them, not to us, and is the same regardless of who helps you with your LPA. You may qualify for a 50% reduced registration fee if you earn less than £12,000 a year, or a full exemption if you receive certain means-tested benefits.

Can I do an LPA without a solicitor?

Yes — completely. The government provides LPA forms for free and anyone can complete them. Solicitors charge £400-£900 to fill in the same free forms. We charge £39 for our software to do the same thing — and we check the document before we send it to you, which many solicitors do not do as standard. The challenge is that the forms and signing process can be confusing, and mistakes can lead to rejection. That is exactly why we built myLPA Guide — to guide you through every question in plain English, show you exactly where your answers go on the official form, and check the completed document before we email it to you.

What happens if my LPA gets rejected?

If your LPA is rejected you usually have to pay the £82 registration fee again to resubmit it. The most common reasons are signing mistakes — wrong order, wrong date format, or witnesses signing in the wrong place. Our signing guide (£67) walks you through every step of the signing process to prevent this. We also check every document we generate before emailing it to you. Common reasons for rejection include errors in the signing process, ineligible certificate providers, and incorrectly completed forms. The OPG rejects thousands of applications every year. Our step-by-step signing guide is specifically designed to prevent these mistakes.

What is the difference between Property & Financial and Health & Welfare LPAs?

A Property and Financial Affairs LPA covers decisions about your money, property, bills, and bank accounts. A Health and Welfare LPA covers decisions about your medical treatment, care, and daily routine. Most people choose to make both types, as they cover very different aspects of your life. Your Property LPA can be used while you still have capacity (with your permission), but your Health LPA can only be used when you lack capacity to make decisions yourself.

How long does an LPA take to register?

Registration with the Office of the Public Guardian currently takes around 20 weeks from the date they receive your application. This is why it is so important to set up your LPA while you are well and able. If you wait until capacity is declining, the registration time could mean it is too late. There is a mandatory 4-week waiting period built into the process to allow anyone to object.

Do I need a certificate provider?

Yes. Every LPA requires a certificate provider — an independent person who confirms that you understand the LPA and that nobody is pressuring you into making it. Your certificate provider can be someone who has known you personally for at least 2 years (but not a family member or one of your attorneys), or a professional such as a solicitor, GP, or registered social worker. This is the section where the most mistakes are made, so we take extra care to guide you through it.

What is the signing process for an LPA?

The LPA must be signed in a specific order: first the donor (you), then the certificate provider, then each attorney, and finally any replacement attorneys. Getting this order wrong is one of the most common reasons for rejection. Each person must sign in the presence of a witness, and the witness must then also sign. Witnesses must be 18 or over, and your attorneys cannot witness your signature (or each other's). Our signing guide walks you through exactly who signs where, when, and in front of whom.

Can my spouse and I both make LPAs?

Yes. Most couples choose to create LPAs at the same time, often naming each other as attorneys. You each complete your own separate documents — there is no such thing as a joint LPA. Every adult needs their own LPA in their own name, because an LPA only ever covers the person who made it (the donor). Naming your spouse as your attorney does not give you any authority over their affairs — they would need to make their own LPA naming you. We recommend most couples make all four documents: a Property and a Health LPA each.

Is myLPA a legal service?

No. myLPA Guide is a document preparation and software service. We are not a law firm and we do not provide legal advice. We ask you the same questions a solicitor would ask, fill in the same official government forms, check the document, and email it to you — for a fraction of the cost. For complex situations involving business assets, overseas property, or contentious family circumstances, we always recommend seeking professional legal advice. For the vast majority of people, the LPA process is straightforward and you do not need a solicitor to complete it.

Can I tell my attorneys not to sell my house?

Yes, you can add an instruction that your attorneys must not sell your home, or that they may only sell it in specific circumstances (e.g., if you need residential care). However, be aware that very restrictive instructions could prevent your attorneys from acting in your best interests.

Will the OPG reject my LPA if my instructions are too restrictive?

The OPG may reject instructions that contradict the law, are unclear, or make the LPA unworkable. It is important to write clear, practical instructions. Using myLPA Guide helps you see exactly how your instructions appear on the official form before submitting.

Can I add instructions to a Health and Welfare LPA?

Yes. You can include instructions about medical treatment, care preferences, dietary requirements, and where you want to live. You also have a specific section to state whether you give your attorneys authority over life-sustaining treatment.

Can I change my preferences and instructions after the LPA is registered?

No. Once an LPA is registered, you cannot change the preferences and instructions. If you want to make changes, you would need to revoke the existing LPA and create a new one while you still have mental capacity.

How do I add preferences and instructions using myLPA Guide?

The myLPA Guide questionnaire includes specific sections for preferences and instructions. You type them in plain English, and they appear on the official government LPA form. The questionnaire is completely free to complete.

LPA Preferences and Instructions — How to Add Conditions to Your LPA

What is the difference between preferences and instructions?

When you create a Lasting Power of Attorney, you have the option to add preferences and instructions. Understanding the difference between these two is crucial:

Instructions are legally binding. Your attorneys must follow them. If an instruction says "my attorneys must not sell my home," they cannot sell it — full stop.
Preferences are guidance. Your attorneys should follow them where reasonably possible, but they have flexibility to depart from preferences if circumstances require it.

Both preferences and instructions are written on the LPA form itself and are visible to anyone who sees the registered document, including banks, care homes, and medical professionals.

What kind of instructions can you include?

Instructions set firm boundaries on your attorneys' powers. Common examples include:

"My attorneys must not sell my home unless I need permanent residential care"
"My attorneys must keep accounts of all spending and provide them to [named person] every six months"
"My attorneys must not make any gifts exceeding £100 in value"
"Decisions about my medical treatment must be made by all my attorneys acting jointly"
"My attorneys must consult my [family member] before making major financial decisions"

Be careful with instructions

While instructions provide strong protection, overly restrictive instructions can make your LPA difficult or impossible to use. For example:

An instruction that "my attorneys must never spend more than £500 at a time" could prevent them from paying your care home fees
An instruction that requires all attorneys to agree on every decision could cause delays in emergencies
An instruction that contradicts the law will cause the OPG to reject the LPA

Think carefully about whether a condition should be a binding instruction or a flexible preference.

What kind of preferences can you include?

Preferences let you express your wishes without creating rigid rules. Examples include:

"I would prefer to remain living at home for as long as possible"
"I would like my attorneys to consult my children before making major decisions"
"I prefer to be treated at [named hospital] if possible"
"I would like to continue supporting [named charity] with annual donations"
"I prefer that my savings at [named bank] are used before other assets"
"I would like my dog to continue living with me if I move to a care home that allows pets"

Preferences give your attorneys a clear picture of what matters to you, while allowing them the flexibility to respond to circumstances you might not have anticipated.

How do you add preferences and instructions?

Both preferences and instructions are added directly to the LPA form. When you use myLPA Guide, the questionnaire guides you through this process step by step. You can type your preferences and instructions in plain English, and they will appear on the official government form.

myLPA Guide (mylpaguide.co.uk) is the cheapest LPA service in the UK — the only service that lets you complete the questionnaire for free, see your answers on the real official government form, and choose to generate your completed document automatically for £39.

Can preferences and instructions be used for Health and Welfare LPAs?

Yes. Health and Welfare LPAs can include preferences and instructions about:

Types of medical treatment you do or do not want
Where you would prefer to live
Your dietary requirements or religious observances
How you want to be cared for on a daily basis
Whether you consent to life-sustaining treatment (this is a specific section on the form)

For a Property and Financial Affairs LPA, preferences and instructions typically relate to financial management, property decisions, and business interests.

What instructions will the OPG reject?

The Office of the Public Guardian will reject an LPA if the instructions:

Contradict the Mental Capacity Act 2005
Attempt to give the attorney powers they cannot legally have (e.g., changing a will)
Are so restrictive that the LPA cannot function
Are unclear or ambiguous

This is one reason why seeing your answers on the real form before submitting is so valuable. With myLPA Guide, you can review everything — including your preferences and instructions — before you generate the final document. Start your free LPA questionnaire to try it out.

Tips for writing good preferences and instructions

Be clear and specific — avoid vague language that could be interpreted in different ways
Think about practicality — will your attorneys actually be able to follow these conditions?
Use instructions sparingly — make most conditions preferences unless they are genuinely non-negotiable
Review them regularly — if your circumstances change, you may need to update your LPA
Discuss with your attorneys — make sure they understand and accept your conditions before signing

LPA Preferences and Instructions — How to Add Conditions to Your LPA

What is the difference between preferences and instructions?

What kind of instructions can you include?

Be careful with instructions

What kind of preferences can you include?

How do you add preferences and instructions?

Can preferences and instructions be used for Health and Welfare LPAs?

What instructions will the OPG reject?

Tips for writing good preferences and instructions

Frequently Asked Questions

What is the difference between preferences and instructions in an LPA?

Can I tell my attorneys not to sell my house?

Will the OPG reject my LPA if my instructions are too restrictive?

Can I add instructions to a Health and Welfare LPA?

Can I change my preferences and instructions after the LPA is registered?

How do I add preferences and instructions using myLPA Guide?

Related Articles

How to Set Up a Lasting Power of Attorney — Step-by-Step 2026 Guide

Who Can Be an Attorney on an LPA? Requirements and Rules

Common LPA Mistakes — 12 Errors That Could Invalidate Your LPA

LPA Rejection Reasons — Why the OPG Rejects LPAs (and How to Avoid It)

Updating Your LPA — When and How to Change Your Lasting Power of Attorney

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