LPA Restrictions and Preferences: How to Draft Them Clearly

Why wording quality matters

Preferences and restrictions can make an LPA safer and clearer. They can also make it unusable if drafted vaguely or inconsistently.

Preferences vs restrictions

• Preference: guidance attorneys should consider.
• Restriction: mandatory condition attorneys must follow.

Use restrictions only where you are confident they will still work in difficult real-life scenarios.

Good drafting principles

• Keep language operational, not aspirational
• Define triggers and evidence where needed
• Avoid contradictory instructions
• Avoid overcomplicated legal prose

Examples

Strong

"Before selling my home, obtain two independent written valuations and record reasons for sale in writing."

Weak

"My attorneys must always do what is best."

The second adds no practical test.

Pitfalls that delay registration or usage

• Unclear references to people who are not identified
• Conditions no institution can verify
• Contradictions between sections

Review before signing

Before finalising, ask:

• Could a third party understand and execute this?
• Could this still work if one attorney is unavailable?
• Does it conflict with any appointment structure?

Next reading

• Common LPA Registration Mistakes
• Jointly vs Jointly and Severally
• Signing Order and Witness Rules